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Recent News From GRP Rainer LLP

  • GRP Rainer Rechtsanwälte – Experience in trade mark protection

    GRP Rainer Rechtsanwälte – Experience in trade mark protection

    Published: 06 Dec 2018

    Plagiarism and counterfeit products cause immense economic damage within the European Union. This makes it all the more important for businesses to take consistent measures to protect their trade marks. According to a report by the European Union Intellectual Property Office (EUIPO), counterfeit products and plagiarism are responsible for annual losses to the tune of some 60 billion euros within...

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  • GRP Rainer Rechtsanwälte: Criteria for assessing whether GmbH managing directors are subject to mandatory social security contributions

    GRP Rainer Rechtsanwälte: Criteria for assessing whether GmbH managing directors are subject to mandatory social security contributions

    Published: 05 Dec 2018

    According to a decision of the Bundessozialgericht, Germany’s federal court of appeals for social security matters, GmbH managing directors are ordinarily deemed to be employees of the company and hence subject to mandatory social security contributions. It is not uncommon for disputes to arise over whether GmbH managing directors are subject to mandatory social security contributions. We at the...

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  • D&O insurance policies need not cover illegal payments made following onset of insolvency

    D&O insurance policies need not cover illegal payments made following onset of insolvency

    Published: 04 Dec 2018

    It is not necessary for a D&O insurance policy to cover payments made by the insured managing director after the onset of insolvency. That was the verdict of the Oberlandesgericht (OLG) Düsseldorf, the Higher Regional Court of Düsseldorf. We at the commercial law firm GRP Rainer Rechtsanwälte note that managing directors who go on to make payments following the onset of their ...

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  • Managing director liable despite settlement clause in termination agreement

    Managing director liable despite settlement clause in termination agreement

    Published: 27 Nov 2018

    A managing director may be liable towards the company despite a settlement clause in the termination agreement. That was the verdict of the Oberlandesgericht (OLG) München, the Higher Regional Court of Munich. The company and the managing director may agree to a settlement clause within the framework of a termination agreement according to which the parties will be indemnified from and agai...

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  • BGH: Beer cannot be promoted as “bekömmlich”

    BGH: Beer cannot be promoted as “bekömmlich”

    Published: 26 Nov 2018

    Beer cannot be promoted as “bekömmlich”, i.e.  “wholesome” or “agreeable” (in terms of its digestibility). That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from 17 May 2018 (Az.: I ZR 252/16). This description was said to be in violation of the Health Claims Regulation. We at the commercial law firm GRP Rainer Rechtsanwälte note tha...

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  • OLG Köln: Unfair advertising due to false statements about discount promotion

    OLG Köln: Unfair advertising due to false statements about discount promotion

    Published: 23 Nov 2018

    Caution is in order if someone is offering discounts on “fast alles”, i.e. “almost everything”. Advertising featuring a discount promotion that excludes large sections of the product range from the discount is misleading and unfair. That was the verdict of the Oberlandesgericht (OLG) Köln, the Higher Regional Court of Cologne. Misleading advertising or misleading business activities are a v...

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  • Reclaiming advances on commission payments requires transparent presentation

    Reclaiming advances on commission payments requires transparent presentation

    Published: 22 Nov 2018

    A company demanding that advances on commission payments be repaid by the commercial agent needs to be able to provide detailed reasoning in support of this action as well as present a complete calculation for the recovery of the sums in question. Commercial agents receive a commission for the deals they broker from the company in whose name they conclude agreements. It is also customary for adv...

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  • EGC: A word mark consisting of two letters can be registered as an EU trade mark

    EGC: A word mark consisting of two letters can be registered as an EU trade mark

    Published: 21 Nov 2018

    It is possible even for a word mark consisting solely of two letters to be registered as an EU trade mark. This was confirmed by the EGC in rulings from 24 April 2018 (Az.: T-207/17 and T-208/17). We at the commercial law firm GRP Rainer Rechtsanwälte note that commercial symbols need to be sufficiently distinct from the products and services of other providers in order for them to be capab...

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