Unfair Competition and IP

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Lichtsignal auf der Weser

The range of my services covers in particular the following aspects:

  • Commercial strategies in compliance with unfair competition law requirements
  • Private enforcement of unfair competition law vis-à-vis competitors
  • Advice and assistance in trademark registration procedures
  • Trademark infringement litigation

The rules against unfair competition enable companies to quickly and effectively take action against practices with which competitors seek to obtain undue advantages. Free-riding, deceptive practices, harassment and obstruction are some of the keywords pointing to core offences covered by the rules against unfair competition. In addition, any provisions concerning the market conduct of companies can be enforced in principle by means of the rules against unfair competition, principally through warning letters and interim injunctions. This covers for example rules on the exercise of regulated professions, consumer protection rules, product regulations, sales regulations and legal information requirements.

Companies which want to defend themselves against unfair competitive conduct must act quickly, if only in their own interest. The first choice are warning letters and interim injunctions, however available only for a short period of time following detection. Damages claims have proofed less effective to successfully eliminate the competitive disadvantage already suffered.

I routinely conduct court proceedings in unfair competition matters, predominantly but not systematically on the defence side.

In the field of IP rights, I conduct infringement proceedings, in particular in trademark law. In trademark law, I also advise on filing strategies and their implementation.