We advise companies in the comprehensive protection of their trademarks and represent them against infringers. We ensure rapid remedial action in expedited proceedings and long-term land gain in fundamental lawsuits. We are regularly confronted with intermediaries such as internet platforms which enable and commit mass infringements. Clients who instruct us to establish and protect their trademarks receive a transparent portrayal of the risks and a clear recommendation for action. Should risks arise, we are there as experienced trouble-shooters. We work closely with customs authorities in the fight against piracy. Through border seizures, we already stop infringing goods before they enter the market.
Unfair Competition Law
We advise and represent our clients in all questions of unfair competition law – from deception to comparative advertising to know-how protection. When advising on advertising and marketing concepts we keep in mind that clients are less interested in our concerns than in their possibilities. In times of increasing consumer protection, we guide business through the jungle of consumer-protecting information obligations. If competitors seek advantage through deception or unfair obstruction, we put them in their place.
Design turns an object into a coveted product. We help companies and designers to protect their creative and commercial achievements – from the registration of design rights to legal action against imitators. We are active in a wide variety of industries; furniture, jewellery, clothing and sporting goods constitute just a few. From case to case, registered design rights, copyright or unfair competition law lead us to success against imitators. We know the various judicial districts in Germany and know where we want to sue if we have a choice.
Copyright & Media Law
Companies in the media and digital industries trust our advice on copyright protection of content and software. We constantly encounter the opportunities and challenges of new types of digital use of content, hereby drawing on our decades of experience in the media and entertainment industry. The central position of copyright in the information society is reflected in the high specialization of our lawyers in this area.
Selective distribution is an important instrument of brand management. It must be freed from the prohibition pressure of the cartel ban. Otherwise, online trading will destroy the European brand economy. We structure the distribution of branded goods. Many manufacturers feel that the reputation and handling of their successful products is threatened by unrestricted internet sales. The contractual structuring of distribution to the end customer requires precise knowledge of the industries and the limits of antitrust law, as well as experience in communication with the antitrust authorities. Contracts drawn up by us have been upheld by the Federal Court of Justice and the European Court of Justice. Most recently, in the Coty/Akzente case, the European Court of Justice confirmed the quality requirements of luxury perfume manufacturers for the internet with the de facto prohibition of distribution via internet platforms.
We have comprehensive experience in due diligence reviews, drafting and negotiating IP guarantee clauses in corporate and asset purchase agreements, as well as the drafting of carve-out, joint venture and technology transfer agreements. We identify key IP issues, provide transparent risk assessments and focus our work on pragmatic and legally compliant solutions.
Data & Data Protection
Data determine our economy and daily lives. Through our regular consulting services for companies in the media industry and digital economy we are familiar with the challenges companies face. We support numerous clients in the conversion to the General Data Protection Regulation. In addition, we advise and represent our clients in questions of data ownership. This area has not yet been regulated and runs right through data protection, contract law, copyright, unfair competition and antitrust law. We are at the forefront of legal developments, particularly as a result of legal proceedings in the exceedingly data-intensive automotive industry.