Trademark decisions

German and European trademark law has been shaped by numerous court decisions that define the interpretation and application of legal provisions. Below is an overview of key rulings:

1. German Federal Court of Justice (BGH) Decisions

"Lila-Postkarte" (I ZR 40/14):

• The BGH ruled that using the color purple for chocolate products by third parties infringes the well-known color trademark rights of Milka.

"Sparkassen-Rot" (I ZB 52/15):

• The court found that the red color trademark claimed by the Sparkasse (Savings Bank) lacked sufficient public recognition (Verkehrsdurchsetzung) and was therefore not protectable.

"test" (I ZR 157/16):

• The BGH determined that using the term "test" for product reviews infringed on the trademark rights of the Stiftung Warentest, Germany’s leading consumer testing organization.

2. General Court of the European Union (GC/EU)

"Big Mac" (T-716/17):

• The General Court revoked McDonald's "Big Mac" EU trademark due to insufficient evidence of genuine use in the EU.

"Neuschwanstein" (T-167/15):

• The Bavarian state was allowed to register "Neuschwanstein" as an EU trademark, as the court held it was not purely descriptive.

"Adidas-Stripes" (T-307/17):

• The court annulled Adidas's three-stripe EU trademark due to a lack of distinctive character across the EU.

3. Court of Justice of the European Union (CJEU)

"L'Oréal v. Bellure" (C-487/07):

• The CJEU ruled that imitating the appearance of luxury perfume products infringes the trademark rights of L'Oréal, even without consumer confusion, under the principle of unfair advantage.

"Google AdWords" (C-236/08 to C-238/08):

• The court held that the use of trademarks as keywords in Google’s advertising system is permissible under certain conditions, such as avoiding consumer confusion.

"IP Translator" (C-307/10):

• The CJEU clarified that the goods and services lists in trademark applications must be sufficiently clear and precise to allow authorities and competitors to determine the scope of protection.

These rulings have significantly influenced trademark law, providing essential guidelines for practice and enforcement in Germany and the EU. They illustrate the balance between protecting trademark rights and ensuring fair competition.

Case law

The following sites contain a selection of court rulings or their key points grouped according to the area of law that they deal with. Apart from the key points, there are also statements of the facts of the cases and comments on the rulings. Comments reflect our opinion and cannot claim to be complete. Please note that each ruling is based on a particular and individual case. Therefore, it is neither possible nor sensible to make generalisations. Rather, it is recommended to have the facts of your particular case revised by an attorney-at-law.

Court rulings in the area of trademark law: