Competition and trademark law

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Focus on Competition Law, Trademark Law, Other Sign Law, and Domain Law
We also advise and represent companies with a focus on German competition and trademark law.
In the context of competition law, this refers to competition law in the narrower sense, i.e., concerning the Act Against Unfair Competition (UWG) and its ancillary laws, as well as cartel law (Act Against Restraints of Competition).
All market participants are affected by the UWG's market conduct regulations, meaning the commercial competitors, consumers, and commercial customers.
Clients here are typically companies acting as commercial competitors, who defend themselves against or are attacked by a competitor's market behavior or advertising. Reasons for this can include unfair customer influence, direct obstruction of competition, unreasonable influence, exploitation of business inexperience or distress, false or insufficient price indications, etc., but often also advertising with untrue statements and claims, thus misleading advertising.
The entire area of sales promotion advertising is affected here. Much of what is to be classified as advertising does not necessarily appear as advertising at first glance.
The examples of unfair competition through misleading advertising are countless. The regulations in the law are partly formulated as general clauses, which is why great importance is placed on the knowledge and application of the relevant case law. The multitude of individual court decisions is reminiscent of Anglo-American case law.
The same applies to the Trademarks and Other Designation Rights. The protection of a trademark to distinguish a company's goods or services is of enormous economic importance. The same applies to company identifiers, such as the company name. The internet, and thus domain law, are also gaining increasing importance in this area. Competitors are generally not allowed to use confusingly similar signs, and this applies to all business designations, such as brand names and company names, as well as a company's internet domains, without authorization..
We offer assistance not only in competition law and in the defense of national, European, or international trademark rights, but also in the registration of German trademarks, EU trademarks, or international trademarks. The same applies to the registration of internet domains, as well as protection against the unlawful registration of a name, company designation, or trademark.
We represent you out of court and in warning proceedings as well as before all German Regional Courts and Higher Regional Courts, whether in proceedings for the issuance of a preliminary injunction or in the main proceedings.
Contact
Urban Thier & Federer Attorneys at Law – Germany/USA
Carl Christian Thier, Esq., Attorney at Law, New York – Germany
Honorary Consul Austria
Please briefly and confidentially describe your case. We will contact you promptly with a clear proposal for the next steps.
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