Allgemein

Design Law 2026: New Protection Opportunities for Digital Designs and 3D Printing

Design law is undergoing its most comprehensive modernisation in decades. At EU level, the reform of the registered EU design system has applied since 1 May 2025, with its second phase in force since 1 July 2026. In Germany, the Bundestag adopted the Act to Modernise Design Law on 24 September 2026; the Bundesrat did […]

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No Before-and-After Advertising for Hyaluronic Acid Injections: German Federal Court of Justice Upholds Ban Under the Therapeutic Products Advertising Act

Advertising for aesthetic treatments is subject to strict legal requirements.In particular, presenting treatment results through before-and-after images can raise legal concerns. In its ruling of 31 July 2025 (Case No. I ZR 170/24), the German Federal Court of Justice (BGH) held that certain minimally invasive cosmetic procedures involving hyaluronic acid are also covered by the

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Protecting a Colour as a Trademark: German Federal Court of Justice Denies Trademark Protection for the Colour Orange

German Federal Court of Justice (BGH), decision of 17 September 2026 – I ZB 58/25 Colours can have considerable economic value for companies. Some companies are recognised by their distinctive corporate colour, in some cases even before their company name or logo is noticed. It can therefore be attractive not only to use a particular

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The EmpCo Directive from 27 September 2026

What Companies Need to Know Now About Greenwashing and Manufacturer Guarantees Advertising with terms such as “climate-neutral,” “environmentally friendly” or self-created sustainability labels has been a standard part of the marketing toolkit for many years. From 27 September 2026, a significant part of this practice will become legally risky, regardless of the size of the

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Defending Against Trademark Infringement: Strategies Between Infringement Proceedings and Cancellation of the Trademark in Suit

Anyone who receives a warning letter or is sued for alleged trademark infringement should not focus solely on the alleged similarity between the signs. It is equally important to consider whether the trademark relied upon by the claimant can still be validly enforced at all. Particularly in the case of older, rarely used or purely

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AI-Generated Advertising and Unfair Competition Law: What Companies Need to Know

AI-generated advertising is fundamentally changing marketing. Whether advertising copy, product images, videos, or chatbots, artificial intelligence enables companies to create marketing materials faster and more cost-effectively than ever before. At the same time, however, new legal risks are emerging. AI-generated advertising is also subject to the requirements of unfair competition law, copyright law, and increasingly

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Deepfakes and the New Disclosure Requirement: What Users (Legal Entities and Individuals) of AI Systems Need to Know from August 2026

AI-generated images, voices, and videos have become an integral part of everyday business operations. They are widely used in virtual influencers on Instagram, advertising campaigns, training videos, and many other commercial applications. Their appeal is obvious: they enable the fast and cost-effective creation of high-quality content. However, the more realistic these AI-generated materials become, the

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ECJ Case Law in Trademark Law – Implications for Businesses

Trademark law is constantly evolving. One of the key drivers of this development is the Court of Justice of the European Union (CJEU). Its decisions not only shape European trademark law but also have a direct impact on the case law of national courts and the day-to-day business practices of companies throughout the European Union.

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IP Due Diligence: Why Missing Chains of Title Can Jeopardize Business Acquisitions

Companies invest substantial resources in developing trademarks, software, designs, digital products, and valuable know-how. Particularly in technology-driven business models, these intellectual assets often represent a significant portion of a company’s overall value. The situation becomes far more problematic when, during a due diligence review, it becomes apparent that the ownership and transfer of these intellectual

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Licensed Music for Reels & Stories: What Legal Risks Do Users Face?

Music on Instagram, YouTube, TikTok & Co.: Convenient, but Legally Risky Reels, Stories, and short-form videos have become some of the most important marketing tools on platforms such as Instagram, TikTok, and Facebook. Many businesses use the platforms’ integrated music libraries and assume that the songs provided there may automatically be used legally and without

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