Author Archive:
Margret Knitter LL.M.
IP – Trademark & Copyright in GermanyMargret Knitter LL.M.
silverMargret is a silver memberPartner, SKW Schwarz Rechtsanwälte
Seminar Invitation // Green Claims and Greenwashing: Navigating the upcoming EU Directive
Read more: Seminar Invitation // Green Claims and Greenwashing: Navigating the upcoming EU DirectiveThis breakfast seminar aims to provide comprehensive insights regarding the possibility to rely on environmental claims in marketing from both German and Swedish legal and business perspectives. The seminar is arranged by Vinge in cooperation with SKW Schwarz. The program will include:• Overview of the upcoming EU legislation• Legal perspectives on green claims and greenwashing…
Digital Bites Free Webinar
Read more: Digital Bites Free WebinarFree webinar on September 19, 2023, 12:30 p.m. – 1:30 p.m., in cooperation with the Bavarian State Office of Criminal Investigation Cybercrime incidents are becoming more and more common in our consulting practice, the damage is sometimes enormous, and criminal prosecution is often complicated due to a lack of sufficient evidence. With the support of…
Q&A “Corporate Influencers” – What companies need to know now
Read more: Q&A “Corporate Influencers” – What companies need to know nowEver more companies are relying on their own staff members when promoting their organizations on social networks: Employees report on business activities in LinkedIn posts, tweet about their employers, or show the latest products in Instagram Reels. By that, employees become Corporate Influencers, both benefitting the company’s image and increasing employee loyalty. These activities are,…
Product placement gone wrong and how to do it right
Read more: Product placement gone wrong and how to do it rightSpoiler warning: this post contains a plot twist of the new show “And Just like That…”. As winners of the pandemic, home trainer manufacturers do not have an easy time now that gyms are open again. It gets even worse when on top of that a supposedly positive product placement goes wrong. The well-known indoor…
Influencer advertising without labeling?
Read more: Influencer advertising without labeling?Authors: Margret Knitter, LL.M. and Dr. Carolin Louisa Schmidt It’s a familiar image on Instagram: Influencers show themselves perfectly styled in their pictures and let their followers know via so-called tap tags which brands and products they wear and use. By tapping on the photo, the brand is displayed and the user can click on the…
The International Cannabis Business Conference is Europe’s largest B2B trade event
Read more: The International Cannabis Business Conference is Europe’s largest B2B trade eventThe International Cannabis Business Conference is Europe’s largest B2B trade event in Berlin, attended by executives, entrepreneurs and policymakers from over 80 nations. It is offering a world-class industry networking and investment/capital opportunity. The Cannabis Industry in Germany: An Intellectual Property Perspective Margret will provide an overview of the Intellectual Property Perspective that cannabis operators…
What will be the biggest challenge clients face? What have advisors done in different jurisdictions to protect clients?
Read more: What will be the biggest challenge clients face? What have advisors done in different jurisdictions to protect clients?I would like to differentiate between the medicinal cannabis side and CBD because that’s a totally different story here in Germany. So, as I said, only medicinal cannabis is legal at the moment. The German federal states don’t have permission to handle it as they want; it’s different from the United States. If you’re caught…
What’s the biggest challenge advisors face when trying to understand risk in this space?
Read more: What’s the biggest challenge advisors face when trying to understand risk in this space?One of the challenges that we already talked about is that we don’t have case law we can rely on. Advertising is a big issue. But I also think that the licencing process is very restricted in Germany. You need an official licence for everythingdown the line. Regarding the market, medicinal cannabis is worth 190…
What advice would you give your clients about brand protection in your jurisdiction? Is it easy to trademark a cannabis brand?
Read more: What advice would you give your clients about brand protection in your jurisdiction? Is it easy to trademark a cannabis brand?I’ve been handling cannabis trademarks since 2017, when medicinal cannabis was legalised in Germany. In the beginning those marks were only accepted for Nice Class 5, meaning only cannabis for medicinal use was permitted. But that has changed. Both the European and the German IP office now accept cannabis marks for all sorts of cannabis…
No Bavarian Weed in EUIPO’s Joint
Read more: No Bavarian Weed in EUIPO’s JointIn a recent decision (judgment of 12.5.2021, ref. T-178/20), the General Court upheld the European Union Intellectual Property Office’s (EUIPO) rejection of the EU trademark application “Bavaria Weed” for being contrary to public policy (in contrast, the DPMA registered the mark). The trademark applicant, a producer of medical cannabis, had argued in the proceedings that…
IP Alert – No more trademark ‘monopolies’ through re-filing?
Read more: IP Alert – No more trademark ‘monopolies’ through re-filing?The General Court has ruled that, in specific circumstances, repeat filings of an earlier trade mark may constitute bad faith First movesHasbro, who at the time already owned three MONOPOLY EUTMs, filed in April 2010 another MONOPOLY EUTMA for goods and services in classes 9, 16, 28 and 41. This trademark covered partially new goods…
Chanel loses trademark dispute against EUIPO over Huawei trademark
Read more: Chanel loses trademark dispute against EUIPO over Huawei trademarkThe Court of Justice of the European Union, General Court, recently lowered Chanel’s hopes of having a trademark belonging to Huawei Technologies Co., Ltd. invalidated. The court found that the trademarks (see below) are not similar, therefore there is no likelihood of confusion and that trademarks must be assessed as registered, regardless of their rotation…