Michael Goldmann is a founding partner of HARTE-BAVENDAMM. He specialises in trademark law, unfair competition law and antitrust law, design law and copyright law.
His particular focus is on judicial enforcement and defence in national and complex cross-border disputes.
Michael is not only a litigator, but also advises his clients strategically on the development, optimisation and exploitation of their IP portfolios. This includes filing IP applications and conducting registration, opposition and cancellation proceedings before the German Patent and Trademark Office and the EUIPO as well as advising on licence agreements and distribution systems.
Michael also supports clients in the development and implementation of marketing campaigns.
His German and international clients include large and medium-sized companies from the fashion and clothing, luxury goods, furniture and interior design, finance, cosmetics, food and beverages, catering, logistics, energy, software and consumer goods sectors.
Since 2008: Partner at HARTE-BAVENDAMM
2003 – 2008: Lawyer at Allen & Overy LLP, Hamburg
2002 – 2003: Lawyer at Wilmer, Cutler & Pickering, Brussels und Berlin
2001: Master of Comparative Law (Mannheim/Adelaide)
2000: Second state examination, Baden-Württemberg
1999: Doctorate, University of Mannheim
1997: First state examination, OLG Karlsruhe
1992 – 1997: Law studies at the Universities of Mannheim and Freiburg (scholarship from the Studienstiftung des deutschen Volkes)
German Association for the Protection of Intellectual Property (GRUR), member of the expert committee for competition and trade mark law
International Trademark Association, INTA
MARQUES, member of the Dispute Resolution Team
Author
- Company identification, 5th ed. 2023
Co-editor
- Harte/Henning, UWG, 5th ed. 2021 (edited together with Henning Harte-Bavendamm, Frauke Henning-Bodewig and Jan Tolkmitt)
- The practice of intellectual property. Festschrift for Henning Harte Bavendamm on his 70th birthday, 2020 (edited together with Hans-Jürgen Ahrens, Wolfgang Büscher and Mary-Rose McGuire)
Co-author
- Kur/v. Bomhard/Albrecht (ed.): Trade Mark Law, 4th ed. 2023
- Harte/Henning (ed.): UWG Commentary, 5th ed. 2021
- Erdmann/Rojahn/Sosnitza (eds.): Handbook of the Intellectual Property Lawyer, 3rd ed. 2018
Essays
- Prerequisites and scope of forfeiture under EU law in trademark and labelling law. Discussion of ECJ "HEITEC", GRUR 2022, 962
- Corporate Characteristics of the Management Holding, Festschrift for Henning Harte-Bavendamm, 2020, 143
- Note on BGH "HEITEC II", ECJ referral on fundamental questions of forfeiture of trade marks, GRUR-Prax 2020, 550
- On the protection of trade marks against appropriation by fake political advertising, Festschrift for Paul Ströbele, 2019, 67
- Approaches to proximity to the industry. Comments on the babware.net GmbH/babware decision of the First Board of Appeal of the EUIPO of 14 March 2018 - R 2612/2017-1, MarkenR 2018, 347
- On forfeiture under Section 242 BGB in the protection of commercial designations and in unfair competition law, GRUR 2017, 657
- The obligation to display one's own name on the business premises - between intellectual property, market communication and consumer protection, Festschrift für Karl-Heinz Fezer, 2016, p. 225
- Comment on OLG Frankfurt, debtor of injunction does not have to recall delivered products, GRUR-Prax 2016, 514
- Note on BGH "mt:perfect", protection as a company trademark without official authorisation, GRUR-Prax 2016, 437
- Note on BGH "Context", forfeiture pursuant to Section 242 BGB for company trademarks, GRUR-Prax 2016, 260
- The protection of business premises and product designs as company trademarks, MarkenR 2015, 8
- Note on BGH "TIP der Woche", advertising magazine without significant content not privileged, GRUR-Prax 2015, 352
- Note on BGH "PINAR", "Divided public perception" in the case of right-preserving use, GRUR-Prax 2015, 228
- Enforcement of abstract colour marks - Comments on the ECJ decision Oberbank and others / DSGV - "Sparkassen-Rot", MarkenR 2014, 480 (with H. Harte-Bavendamm)
- "Into the made nest" - On the transfer of the distinctiveness of trademarks used for many years to modernised successor trademarks, GRUR 2014, 724
- Managing director "mbH": Limitation of personal liability of executive bodies for competition law infringements, GRUR 2014, 404
- Note on ECJ "Apple/DPMA", registration of the representation of shop fittings as a trade mark, GRUR-Prax 2014, 349
- Note on BGH "Baumann I", acquisition of own rights by the beneficiary of an implied authorisation, GRUR-Prax 2013, 445
- Comment on Gerechtshof Den Haag "Porsche Specialist", used car dealers may not call themselves "Porsche Specialists", GRUR-Prax 2013, 113
- Protection under unfair competition law against indirect likelihood of confusion?, GRUR 2012, 857
- Note on BGH "Costs of the patent attorney IV", No reimbursement of the costs of the cooperating patent attorney in the case of a warning letter by a specialist lawyer for intellectual property rights, GRUR-Prax 2012, 292
- Court of Appeal submits questions on the right-preserving use and likelihood of confusion of trade marks - "Specsavers", GRUR-Prax 2012, 205
- The indirect likelihood of confusion from the point of view of the serial sign, GRUR 2012, 234
- The calculation of the claim for damages before and after implementation of the Enforcement Directive, WRP 2011, 950
- Note on BGH "Gartencenter Pötschke", No right to "name mark" in case of coexistence of garden centres, GRUR-Prax 2011, 373
- BGH ends a nuisance - No rejection of a warning letter without proof of authorisation analogous to Section 174 sentence 1 BGB, GRUR-Prax 2010, 524
- Comment on OLG Frankfurt a.M., Profit skimming claim also exists if overreached consumers allow statutory rights of avoidance and recovery to lapse, "GRUR-Prax 2010, 400
- Offering and distributing works of applied art after the ECJ's "Le Corbusier furniture" decision - Has the "Wagenfeld lamp" lapsed?, GRUR 2009, 551 (with R. Möller)
- Exhaust emission values and fuel consumption as a subject of competition law, WRP 2007, 38-44
- The company trademark under the influence of the harmonisation of trademark law, Festschrift for Alexander von Mühlendahl, 2005, 23 (with H. Harte-Bavendamm)
- The marshal's baton in the knapsack - On the value in dispute of the preliminary injunction in a claim for injunctive relief under competition law, WRP 2001, 240
- Declaratory judgement in case of set-off with related counterclaim?, NJW 1999, 2952 (with W. Schmitz)
- The protection of letter combinations as trade marks - BGH GRUR 1998, 165 - RBB, GRUR 1999, 216 (with A. Rau)
Chambers
- Volume 1, Chambers Global 2022 and 2023
- Volume 1, Chambers Europe 2022 and 2023
WTR 1000
- Gold Band, 2023 an 2024
IP Stars by Managing IP
- Trade mark star, 2023
JUVE
- Leading adviser in trade mark law, 2022 and 2023
Handelsblatt
- Best Lawyers - Intellectual Property, 2023
- Lawyer of the Year in the field of intellectual property law, 2021
The Legal 500
- Leading name in competition law, 2022
