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Infringement of indication of geographical origin in whisky dispute

Infringement of indication of geographical origin in whisky dispute

Published: 17 Jun 2019

A distillery based in Baden-Württemberg is not allowed to feature the word “Glen” in the name of its whisky. The Landgericht (LG) Hamburg, the Regional Court of Hamburg, found this to be too reminiscent of the protected geographical indication “Scotch Whisky”. Geographical indications of origin can be afforded similar protection to trademarks, because consumers may come to associate a certa...

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OLG München on post-contractual non-compete clauses for managing directors

OLG München on post-contractual non-compete clauses for managing directors

Published: 14 Jun 2019

Post-contractual non-compete clauses for managing directors are standard practice. But should these clauses go beyond the scope of what is necessary, they may be deemed to be null and void in their entirety. It is common practice for a company to agree to a post-contractual non-compete clause with its managing director. The terms of this typically prohibit the managing director from competing wi...

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Unreported income in foreign accounts – Immunity still possible through voluntary disclosure

Unreported income in foreign accounts – Immunity still possible through voluntary disclosure

Published: 13 Jun 2019

Voluntary disclosure leading to immunity from tax evasion charges is still a current topic. It remains the only way of returning to a state of tax compliance. Voluntary disclosure is still a means of obtaining immunity from tax evasion charges. While there has been a continuing downward trend since the rules were tightened, 2018 still saw 1727 voluntary declarations submitted to the tax authorit...

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NIGERIAN GOVERNMENT SET TO DIVEST ITS INTERESTS IN OIL AND GAS ASSETS

NIGERIAN GOVERNMENT SET TO DIVEST ITS INTERESTS IN OIL AND GAS ASSETS

Published: 12 Jun 2019

The Nigerian Government is looking to raise revenue this year from the sale of some of its stakes in joint venture oil assets and the review of Production Sharing Contracts with private firms, mostly international oil companies operating in the country. This is according to information contained in the 2019 approved budget public presentation which revealed that the Nigerian President - Muhammadu ...

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Antitrust law – Narrow best price clauses for online hotel bookings are permissible

Antitrust law – Narrow best price clauses for online hotel bookings are permissible

Published: 11 Jun 2019

On June 4, 2019, the 1st Cartel Panel of the OLG Düsseldorf ruled that narrow best price clauses for online hotel bookings are permissible (Az.: VI – Kart 2/16 (V). Hotel rooms are frequently booked online via booking portals. For this reason, some portals commit hotels to always offering the most favorable conditions on their portal. This practice was later modified, with hotels only oblig...

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OLG Hamm on using a registered trademark

OLG Hamm on using a registered trademark

Published: 06 Jun 2019

Anyone registering a trademark needs to actually use it. According to a ruling of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm, it may be sufficient to use a wordmark as part of an advertising slogan (Az.: 4 U 42/18). Anyone who has registered a trademark ought to actually use it, otherwise it may be declared to be revoked or cancelled on request. According to section 26 o...

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Steinhoff accounting scandal – Shareholders can pursue claims for damages

Steinhoff accounting scandal – Shareholders can pursue claims for damages

Published: 05 Jun 2019

At the end of 2017, Steinhoff International Holding was rocked by an accounting scandal that sent its share price plummeting. Steinhoff shareholders can pursue claims for damages.  We at GRP Rainer Rechtsanwälte can report that it was in December of 2017 that the furniture group Steinhoff admitted to accounting irregularities, triggering a massive slide in its share price. The report b...

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Misleading advertising - Free from harmful substances does not mean compliance with limits

Misleading advertising - Free from harmful substances does not mean compliance with limits

Published: 03 Jun 2019

Advertising featuring the term “schadstofffrei”, i.e. free from harmful substances, is misleading if the product, despite not exceeding acceptable limits, has some concentration of harmful substances. Misleading advertising violates competition law. We at the commercial law firm GRP Rainer Rechtsanwälte note that actions are misleading if they give rise to misconceptions among a substantial...

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