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Recent News From GRP Rainer LLP

  • Managers‘ risk of liability and D&O insurance

    Managers‘ risk of liability and D&O insurance

    Published: 16 Feb 2018

    Mistakes made by managers can prove costly both for the company as well as the managers themselves. For this reason, many companies take out D&O insurance policies for their executive personnel. The executives in a company not only bear considerable responsibility, they can also be held accountable for the mistakes they make and held liable with their private assets. An increasing number of ...

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  • No registration of “Bester Papa” as EU trade mark due to lack of distinctiveness

    No registration of “Bester Papa” as EU trade mark due to lack of distinctiveness

    Published: 12 Feb 2018

    In order for a trade mark to be capable of being registered as a European Union trade mark it needs to be highly distinctive. The slogan “Bester Papa” (“Best dad(dy)/papa”) lacks this distinctive character. The protection afforded by a trade mark is vitally important to businesses. Among consumers, trade marks give rise to a high level of brand recognition. Registering a trade mark also affords ...

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  • BGH: A square shape can also be protected as a trademark

    BGH: A square shape can also be protected as a trademark

    Published: 02 Feb 2018

    Three-dimensional symbols that represent the shape of a product can be protected as a trademark. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in two rulings from October 18, 2017 (Az.: I ZB 3/17 and I ZB 4/17). We at the commercial law firm GRP Rainer Rechtsanwälte note that the three-dimensional shape of a product is capable of being protected as a ...

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  • Truck cartel – Damages claims against Scania now also a possibility

    Truck cartel – Damages claims against Scania now also a possibility

    Published: 01 Feb 2018

    Last summer, the European Commission imposed heavy fines on five truck manufacturers for violations of antirust law. The Swedish truck manufacturer Scania is now being asked to pay up as well. The so-called “truck cartel” made headlines last summer. The European Commission had imposed fines totaling just under 2.9 million euros against the manufacturers MAN, Daimler, DAF, Iveco and Volvo/Renault...

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  • Wallpaper cartel – Heavy fines for illegal price fixing

    Wallpaper cartel – Heavy fines for illegal price fixing

    Published: 30 Jan 2018

    In its ruling of October 12, 2017, the Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] imposed fines totalling more than 19 million euros against members of the so-called Tapeten-Kartell, or “wallpaper cartel” (Az.: V-2 Kart 1-3/17). The 2nd Cartel Division of the OLG Düsseldorf came to the conclusions after 20 days of the trail that the cartel members had...

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  • GRP Rainer Rechtsanwälte – Experience with D&O insurance

    GRP Rainer Rechtsanwälte – Experience with D&O insurance

    Published: 25 Jan 2018

    Taking out a D&O insurance policy is supposed to reduce executives’ risk of liability. Experience shows that it is crucial to pay attention to details when taking out a policy. Mistakes made by a company’s executive bodies can have serious consequences for the entire business. Managers bear an extremely high level of responsibility for the company they work for and its staff. In addition to ...

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  • GRP Rainer Rechtsanwälte – Report on GmbH managing director’s obligation to contribute to social security

    GRP Rainer Rechtsanwälte – Report on GmbH managing director’s obligation to contribute to social security

    Published: 24 Jan 2018

    Whether the managing director of a GmbH, a type of German private limited liability company, is obligated to make contributions to social security is frequently a point of contention. Various different factors need to be considered when weighing things up. According to a report by the commercial law firm GRP Rainer Rechtsanwälte, a lack of awareness regarding a managing director’s obligatio...

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  • LAG Rheinland-Pfalz: Dismissal with immediate effect for damage to property effective

    LAG Rheinland-Pfalz: Dismissal with immediate effect for damage to property effective

    Published: 18 Jan 2018

    Serious breaches of duty by an employee may justify dismissal with immediate effect. Damage to property can constitute good cause justifying exceptional notice of dismissal with immediate effect. An employer is able to issue exceptional notice of dismissal with immediate effect if it has good cause for doing so and the individual circumstances of the respective case have been sufficiently accoun...

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