Our experience. Your competitive advantage. We are your experts in unfair competition law.
Unfair Competition Law
The range of legal services we offer in the field of unfair competition law is as varied as the law itself.
We advise you on planning and implementing new business models and advertising methods as well as on designing advertising campaigns.
In addition to issues relating to misleading advertising, a particular focus of our work is on the multi-faceted areas of product imitation and exclusionary competition.
In unfair competition cases, we fight passionately for your commercial freedom.
Speed is crucial in unfair competition litigation, where cases are usually decided in summary proceedings. We can keep pace.
We evaluate the market behavior of your competitors and consistently protect against unfair trade practices.
We also defend against allegations of anti-competitive behavior. We strategically employ all available procedural avenues as a defense to such allegations.
A particular focus of our activities is on the pharmaceutical and healthcare sector.
Medical, economic and healthcare policy conditions are constantly changing, which means legal advice on the distribution and marketing of medicinal products, medical devices and other healthcare products must constantly adapt with regulations on advertising being particularly strict.
Our legal advice and service in this highly complex area covers not only traditional areas such as pharmaceutical and drug advertising, but also medical devices, cosmetics and dietary supplements, as well as trademark, unfair competition, licensing and distribution law.
In recent years, environmental claims have become increasingly significant.
As companies seek to demonstrate their commitment to sustainability, they are increasingly using environmental claims. This involves using phrases like “climate neutral”, “environmentally friendly”, or “sustainable”.
The legal obstacles for “green claims” are becoming increasingly difficult to overcome. We monitor the multitude of court decisions and current EU draft directives and provide guidance on the legal permissibility of environmental advertising.
On the subject: From our IP blog
The law of jurisdiction contains a number of pitfalls which are often underestimated in practice, particularly at the interface between contractual and tort claims. In this article, we discuss a recent decision of the Oberlandesgericht Karlsruhe (Karlsruhe Higher Regional Court), which had to rule on a claim brought by a journalist who had unsuccessfully challenged the blocking of his account on an internet platform on the grounds of a breach of the law on unfair competition (OLG Karlsruhe, Urt. v. 8.Mai 2024,Az.6U198/23).
The Federal Court of Justice (BGH) has ruled on a lawsuit over an advertisement from the German confectionery company Katjes. This involved competition law issues relating to the use of the climate neutrality statement of the production of Katje's products.
If a business is held liable by another for an (alleged) infringement of their business identifier, the question always arises as to whether and how one can defend oneself against such claims. In most cases, consideration is then given to whether the business identifier lacks the distinctive character required for its protection. Or the question is raised as to whether the business identifier is used in the course of trade for a specific business operation close enough to the other party’s business. Or the questions of priority or similarity of signs and much more is dealt with. It is relatively seldom considered whether the business identifier may not enjoy protection at all because it is misleading and how this can be most effectively asserted in court. This article sheds a little light on this topic.
While there has long been a legal framework for the protection of geographical indications at EU level, there was no EU-wide system to protect names of products such as Solingen cutlery, Erzgebirge Weihnachtsschmuck, or Limoges porcelaine.
Three reasons for choosing HARTE-BAVENDAMM
Satisfied clients, numerous top-tier rankings, major professional publications, extensive litigation experience: intellectual property 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.
