The reform of the foundation civil law - A consideration

The reform of the foundation civil law - A consideration

Typical Patent Infringement Proceedings

Outline of typical patent infringement matters: timing and costs.

German Trademark Modernization Act

The German Trademark Modernization Act (Markenmodernisierungsgesetz), which transposes Directive (EU) 2015/2436 (Trademark Directive) into German law as of January 14^th, 2019, promotes the further standardization of substantive trademark law and thus promotes the coexistence of EU and national trademarks. It also contributes to the harmonization of important procedural regulations and to an increased cooperation between the national authorities and the EUIPO. The most important changes and innovations are presented in this article.

EU trademark "BIG MAC" deleted

McDonald's was unexpectedly defeated in a cancellation proceeding at the European Union Intellectual Property Office (EUIPO) concerning the word mark "BIG MAC". After McDonald's was able to prevent the expansion of its Irish competitor Supermac by referring to conflicting European trademark rights, Supermac counterattacked and applied for the cancellation of the union trademark "BIG MAC" due to lack of use. 

New office

We moved!

After 20 years in our office above the roofs of Düsseldorf-Oberkassel we set off to new shores and cross the Rhine to our new office in the so-called "Media Harbor" with its many architectural highlights.

Privacy policy

Privacy policy

Chinese Haowu Group invests in FEUER powertrain

Lang & Rahmann advised a US-American company on the establishment of a German daughter company and the subsequent acquisition of the machinery of a cold-rolled steel factory.

Lang & Rahmann advises US company on the acquisition of a steel plant

Lang & Rahmann has advised an US company on the founding of a German subsidiary and the subsequent acquisition of the machine park of a cold rolling steel plant.

Lang & Rahmann advises on capital increase and entry of new shareholders in a German GmbH

Lang & Rahmann has advised international investors in connection with their purchase of shares in a German GmbH in the fashion sector including comprehensive capital increase.

"The Challenge of Change: IP Firms in the 21st Century" – AIPF Annual Meeting in Boston, Massachusetts

23 September 2016

"The Challenge of Change: IP Firms in the 21st Century" –
AIPF Annual Meeting in Boston, Massachusetts

Companies fined for data transfer to the US

6 Juni 2016

At the end of 2015, the European Court of Justice had invalidated the Commission's US Safe Harbour Decision. "Safe Harbour" had been the legal basis for the transmission of personal data to the US ...

Reform of the European Union trademark system

18 April 2016

With effect of 23 March 2016, the European Union trade mark system underwent substantial revisions.

The new law inter alia contains an important provision for EU trademarks which ...

Federal Supreme Court denies protection of APP “wetter.de” as a title of work for lack of distinctiveness

4 April 2016

On 28 January 2015, the German Federal Supreme Court (BGH) decided that apps for end devices (e.g. smartphones) are generally capable of being protected as work titles, provided that ...

Permanent night workers are usually entitled to a supplement of 30 percent of their gross hourly pay

30 März 2016

On 9 December 2015, the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that permanent night workers are usually entitled to a night-work supplementof 30 percent of their gross hourly pay (docket no. 10 AZR 423/14). ...

Advertising in no-reply confirmation e-mails inadmissible

10 März 2016

On 15 December 2015 the German Federal Supreme Court (BGH) decided that advertising e-mails sent out without the clear will of a consumer violate the general right of personality, which ...

Liability of access providers for copyright infringements committed by third persons

23 Februar 2016

On 26 November 2015, the German Federal Supreme Court (BGH) handed down two judgments in which it ruled that companies which provide access to the Internet (so-called access providers) may in fact be liable without fault as “disturbers” (“Störerhaftung”; docket nos. I ZR 3/14 and I ZR 174/14). However, this only applies ...

Right to publication of interview tapes for memoirs of Helmut Kohl

4 Februar 2016

The Federal Supreme Court (BGH) decided in its judgment of 10.07.2015 (Ref. V ZR 206/14) that an interviewee does not become the owner of the tapes on which the conversations are recorded by processing or reshaping in accordance with § 950 (1) sentence 1 BGB, but ...

Strict observance of formal requirements in case of court settlements

14 Januar 2016

On 14 July 2015, the German Federal Supreme Court (BGH) ruled that a court settlement concluded according to Section 278 para. 6 German Code of Civil Procedure (Zivilprozessordnung, ZPO) upon a settlement  suggestion made by the court in writing was only valid if ...

Strict requirements for "customer protection clauses" between company and shareholders

11 Januar 2016

The Federal Supreme Court (BGH) has decided that so-called customer protection clauses, which are agreed between a GmbH and one of its partners upon his withdrawal from the company, are immoral according to § 138 BGB and therefore null and void, if they exceed the necessary extent in temporal regard.

Inadmissible sale of customer data via “asset deals”

6 August 2015

After an asset deal in which inter alia data of private customers were sold, the Bavarian Regional Authority for the Supervision of Data Protection (Bayerisches Landesamt für Datenschutzaufsicht, BayLDA) has imposed fines against the buyer and the seller. ...

Federal Supreme Court considers it possible that colour trade mark “Nivea blue” has acquired distinctiveness

20 Juli 2015

On 9 July 2015, the 1st Civil Senate of the German Federal Supreme Court (BGH) decided that the abstract colour trade mark ...

“Framing” of publicly accessible website content admissible

13 Juli 2015

On 9 July 2015, the 1st Civil Senate of the German Federal Supreme Court (BGH) ruled that the operator of a website does not commit a copyright infringement, if he ...

Compensation claim in case of a “more than negligible” preponement of a flight

29 Juni 2015

On 9 June 2015, the 10th Civil Senate of the German Federal Supreme Court (BGH) passed a judgment by consent whereby the Defendant aviation company was ordered to pay to each of the Plaintiffs ...

Remuneration for black labour is not paid back even in case of defects

17 Juni 2015

On 11 June 2015, the 7th Civil Senate of the German Federal Supreme Court (BGH) ruled that a person who had ordered a work for which the price had already been paid "under the counter" and which later turned out to be defective could not claim reimbursement from the ...

Redemption of shares of a limited liability company is valid even without a modification of the company’s registered capital

15 Dezember 2014

On 2 December 2014, the 2nd Civil Senate of the German Federal Supreme Court (BGH) passed a judgment by default according to which the resolution on the redemption of shares is neither void nor voidable only because ...

Dr. Oliver K.-F. Klug joins Lang & Rahmann as Of-Counsel

2 Januar 2015

Dr. Klug joined our law firm on 1 January 2015 and strengthens our team as a specialist lawyer for labour law, particularly with regard to employment law advice and litigation.

European Cartel Damages Directive comes into force

15 Dezember 2014

The Antitrust Damages Directive comes into force at Christmas 2014. The Directive aims to make it easier for victims of a cartel infringement to enforce their claims for damages.

International Panel discussion on "Non-Traditional Trademarks" (AIPF)

At the end of September 2014, Dr. Klopmeier was invited to take part in a panel discussion on "Non-Traditional Marks" at the AIPF Annual Meeting in Washington, D.C..

Consumer credit agreements: Reclaim of processing fee time-barred no earlier than 31.12.2014

4 November 2014

In two judgments of 13 May 2014, the Federal Supreme Court (BGH) has already ruled that general terms and conditions concerning a processing fee in loan agreements between a credit institution and a consumer are invalid (Az. XI ZR 170/13 and XI ZR 405/12). In a further case, the Federal Court of Justice (BGH) also ruled on the statute of limitations for claims for restitution...

Report on the annual conference of the German-French Lawyers' Association

1 Oktober 2014

The annual conference 2014 of the German-French Lawyers' Association, in whose organisation lawyer Dr. Stefan Kettler, Maître en Droit, LL.M. of the law firm Lang & Rahmann played a decisive role, took place on 26 and 27 September 2014 in Cologne. 

Lang & Rahmann contributes to the organisation of the DFJ annual conference

1 August 2014

With its long tradition in French law, the law firm Lang & Rahmann is involved in the organisation of this year's annual conference of the German-French Lawyers' Association (DFJ), which will take place from 23 to 27 September 2014 in Cologne.

Trademark law: Abstract room concepts protectable

14 Juli 2014

The European Court of Justice decided that a drawing without indications of size or proportion, which depicts the equipment of a sales outlet by means of a set of lines, contours and shapes, can be protected as a trade mark.

Patent law: Simple transit is not importat

27 Juni 2014

In its decision of 25 June 2014 (Ref. X ZR 72/13), the Federal Supreme Court ruled that the simple transit of patent-infringing goods through the Federal Republic of Germany does not constitute importation...

New Website

4 April 2014

Lang & Rahmann advises English Limited on acquisition of 100% stake in German GmbH and Swiss AG

Lang & Rahmann advised a British group company active throughout Europe in the rental of temperature control equipment on the acquisition of 100% of the shares in a German GmbH and a Swiss AG.