On 3. February 2017 the German Federal Ministry of Justice and Consumer Protection presented a draft of an act to implement Directive (EU) 2015/2436 of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Gesetz zur Umsetzung der Richtlinie (EU) 2015/2436 des Europäischen Parlaments und des…

In one of its latest decisions (I ZR 50/14 of November 5, 2015 – ConText) the Bundesgerichtshof (Federal Court of Justice)  has ruled that the forfeiture of a claim requesting injunction relief due to an infringement of a company name by another company name has to be determined according to the general principles of forfeiture…

Weapon of Choice: Protection of Names under Civil Law Before German courts, the best weapon against bothersome domain name registrations is not trademark law, but civil law. Sec. 12 of the German Civil Code (BGB) states quite broadly that the bearer of a name can keep others from using that name if such use compromised…