• News

Recent News From GRP Rainer LLP

  • OLG Frankfurt on misleading food advertising

    OLG Frankfurt on misleading food advertising

    Published: 14 Jun 2018

    Foods are not allowed to give consumers false impressions concerning their ingredients. That being said, not every ambiguity is automatically considered to be misleading to consumers. Consumers are not allowed to be misled regarding a food’s ingredients. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from December 2015 (Az. I ZR 45/13). The case...

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  • Technical function not enough for trademark protection

    Technical function not enough for trademark protection

    Published: 12 Jun 2018

    According to trademark law, it is not possible to register marks as trademarks if they consist exclusively of a shape that is necessary to obtain a technical result. Coffee capsules can be purchased in every supermarket, but not all coffee capsules are created equally. Only one provider was allowed to supply certain capsules made from aluminium. This patent protection has since been rescinded by...

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  • GRP Rainer Rechtsanwälte – Taking out D&O insurance

    GRP Rainer Rechtsanwälte – Taking out D&O insurance

    Published: 08 Jun 2018

    Taking out a D&O insurance policy for a company’s executive bodies is a crucial step to reducing the risk of personal liability. Managing directors, executive and supervisory boards as well as other executive bodies within a company are subject to a significant risk of liability. Mere negligence can result in personal liability on the part of managers. To minimize this risk, a lot of busines...

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  • GRP Rainer Rechtsanwälte – Experience in directors’ liability cases

    GRP Rainer Rechtsanwälte – Experience in directors’ liability cases

    Published: 05 Jun 2018

    Managing directors of a GmbH, a type of German private limited company, may be liable in the event of insolvency. A common bone of contention is the matter of payments made by the managing director after the onset of insolvency. We at the commercial law firm GRP Rainer Rechtsanwälte note that a GmbH managing director’s risk of being faced with personal liability can materialize even in case...

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  • GRP Rainer Rechtsanwälte – Valuating the compulsory portion

    GRP Rainer Rechtsanwälte – Valuating the compulsory portion

    Published: 31 May 2018

    Spouses and children are entitled to the compulsory portion of an estate even if the testator fails to account for them in his or her will. That being said, the compulsory portion has to be claimed. In the absence of a will or contract of inheritance, the rules of intestate succession apply. These may not be consistent with the testator’s wishes for various reasons. With the help of a testamenta...

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  • GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament

    GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament

    Published: 28 May 2018

    Spouses frequently draft a Berliner Testament, literally a “Berlin will”, by mutually appointed each other as sole heirs. Before doing so, it ought to be examined whether a Berliner Testament is the most appropriate form. There are a number of advantages to a Berliner Testament for spouses. They mutually appoint each other as sole heirs and generally their children as final heirs. Should one of ...

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  • EGC – Stringent requirements for colour combinations as trademarks

    EGC – Stringent requirements for colour combinations as trademarks

    Published: 25 May 2018

    Combinations of two or more colours need to be precisely defined for them to be capable of being registered as a colour trademark. That was the verdict of the General Court of the European Union (EGC) (Az.: T 101/15). A producer of energy drinks was dealt a blow before the EGC. The former cannot have its colour combination made up of the colours blue and silver registered as a colour trademark a...

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  • General Data Protection Regulation (GDPR) must be implemented by May 25, 2018

    General Data Protection Regulation (GDPR) must be implemented by May 25, 2018

    Published: 22 May 2018

    Businesses need to keep May 25, 2018 in mind. This is the day when the EU General Data Protection Regulation, GDPR for short, officially comes into force. Following a two-year transitional period, the GDPR will come into full force and effect on May 25, 2018, thereby replacing an EU directive dating back to 1995. The GDPR is meant to create a uniform standard for data protection within Europe an...

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