Design protection according to your taste. We are your experts for design law.
Design Law
We assist you in efficiently and accurately protecting your creative output both domestically and across borders.
We advise you on the protectability of your designs and develop a protection strategy tailored to your needs.
The better the design, the greater the risk of copying or imitation. Border seizure applications can prevent the distribution of infringing products. If the plagiarized product still reaches the market, quick action is often crucial to avert economic damage. We quickly and efficiently prepare applications for preliminary injunctions and are at your side during the enforcement process.
Not every creation qualifies for protection. We are committed to safeguarding you against unjustified claims.
On the subject: From our IP blog
On 10 October 2024, the final step in the decision-making process for the new EU design law reform took place: the European Council formally adopted the revised directive and regulation on design law. This comprehensive new regulation introduces numerous changes that are of major importance to designers and companies. Blessing and curse at the same time? In this blog post, we shed light on the most important changes, in particular the extensions of protections as well as limitations, for example due to the new repair clause, and explain the practical implications.
News on packaging law – The Federal Court of Justice rules on misleading packaging in online stores. At the same time, significant changes to packaging law are pending at EU level, as the EU Parliament has adopted the trilogue draft of the Packaging Regulation. This regulation is likely to mean the "end" for large parts of packaging, and not just for deceptive packaging. Brand and design owners should deal with the changes as soon as possible.
The legal dispute between the "Glück" jam manufacturer (Glück = German word for luck) and its competitor "LieBee" honey (a pun between the German word for love “Liebe” and the English word “Bee”) has now reached the third instance before the German Federal Court of Justice (BGH). Since 2019, the manufacturers have been locked in a dispute over whether the "LieBee" honey constitutes an unfair imitation of the "Glück" jam jar. Now, the German Federal Court of Justice has overruled the decision of the Higher Regional Court of Hamburg that had decided in favour of the “Glück” manufacturer (see BGH, judgement of 7 December 2023, case no. I ZR 126/22). The BGH held that the mere use of an "emotional catchphrase" as a product name does not establish competitive originality and cannot lead to an unfair product imitation and deception of origin. The Higher Regional Court of Hamburg must now review its decision, taking into account the legal opinion of the BGH.
Three reasons for choosing HARTE-BAVENDAMM
Satisfied clients, numerous top-tier rankings, major professional publications, extensive litigation experience: design law is our core competence.
We represent your interests with ingenuity and dedication. We protect your intellectual property and develop creative strategies. Complex cases are our strength.
As a reliable partner, we provide our clients with resolute, poised, and effective guidance. In challenging conflict scenarios, our team is well aware that cooler heads always prevail and excel at delivering valuable and advantageous solutions to our clients.
