Imitation Of A Grooves Design Of Cases Potentially Unfair – Intellectual-Property-Law
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Under certain circumstances, the grooves design of a case can be competitively unique and therefore constitute a performance outcome worthy of protection.
In its judgment of February 27, 2013 (Az.: 6 U 11/11), the Higher Regional Court (OLG) of Karlsruhe ruled that a performance outcome worthy of protection ought to arise if the uniform grooves design of cases in various sets represents the characteristic feature of the cases and the design has had a monopoly on the market for decades in this specific form. If the grooves design is copied virtually identically, the country-of-origin label attached to the imitated product should not automatically negate the possibility of misrepresentation of origin. In order to avoid misrepresentation of origin, it is particularly decisive whether the grooves design on the cases can be perceived from a greater distance.
He who is faster than others with his own ideas always has an initial head start. It is not uncommon, however, for these ideas to be adopted and imitated by others.
Due to increasingly strong product piracy and the growing number of infringements of copyright laws, the protection of intellectual property is more important today than ever before. A lawyer versed in the field of intellectual property rights can thus offer informed advice on all aspects of intellectual property law. This includes, in particular, copyright law, trademark law and patent law, as well as competition law.
A lawyer active in the field of intellectual property law can examine marketing and advertising strategies from the perspective of competition law. Additionally, he can provide comprehensive advice in preparing and concluding license agreements. Where necessary, a lawyer active in the field of intellectual property law can also register a trademark at the German Patent and Trademark Office and advise whether registration is worthwhile.
Should a trademark have already been infringed, a lawyer active the field of intellectual property law can formulate individual written warnings and cease-and-desist orders, and help to assert interests in court if need be.
Moreover, in the case of a written warning by reason of an infringement, a lawyer can help examine whether an infringement has in fact occurred.
ABOUT THE AUTHOR: GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Copyright GRP Rainer LLP
More information about GRP Rainer LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
He who is faster than others with his own ideas always has an initial head start. It is not uncommon, however, for these ideas to be adopted and imitated by others.
Due to increasingly strong product piracy and the growing number of infringements of copyright laws, the protection of intellectual property is more important today than ever before. A lawyer versed in the field of intellectual property rights can thus offer informed advice on all aspects of intellectual property law. This includes, in particular, copyright law, trademark law and patent law, as well as competition law.
A lawyer active in the field of intellectual property law can examine marketing and advertising strategies from the perspective of competition law. Additionally, he can provide comprehensive advice in preparing and concluding license agreements. Where necessary, a lawyer active in the field of intellectual property law can also register a trademark at the German Patent and Trademark Office and advise whether registration is worthwhile.
Should a trademark have already been infringed, a lawyer active the field of intellectual property law can formulate individual written warnings and cease-and-desist orders, and help to assert interests in court if need be.
Moreover, in the case of a written warning by reason of an infringement, a lawyer can help examine whether an infringement has in fact occurred.
ABOUT THE AUTHOR: GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Copyright GRP Rainer LLP
More information about GRP Rainer LLP
View all articles published by GRP Rainer LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
