Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

FCBA Global Fellows Program from 6 to 10 March 2024 in Munich with the participation of Dr. Michael Rüberg

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The long-established exchange program for the next generation of leading patent infringement lawyers of the Federal Circuit Bar Association (FCBA), the “Global Fellows Series”, will take place in 2024 from 6 to 10 March at the Haus der Bayerischen Wirtschaft in Munich. Numerous speakers from the business world as well as from the judiciary and legal profession are expected to attend.

The international participants selected as part of an application process can also look forward to a number of highlights this year: there will be a mock trial led by the judges of the UPC Local Chamber in Munich, as well as a meeting with various other high-ranking judges and company representatives. The program also includes visits to the EPO, DPMA and the Central Chamber of the UPC, participation in an oral hearing as well as various lectures and discussions with experienced patent practitioners.

As Chair of the FCBA’s Global Fellows Committee, BOEHMERT & BOEHMERT partner and attorney at law Dr. Michael Rüberg will lead the event in Germany together with other colleagues from the legal profession.

Further information on the forum, the event and the application process can be found here.

 

WTR 1000 2024 – BOEHMERT & BOEHMERT honored for both Germany and Europe

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Silver in the Germany ranking and bronze in the EUIPO ranking. Recommendation for ten attorneys at law for the first time.

In the current edition of “WTR 1000 – The World’s Leading Trademark Professionals”, BOEHMERT & BOEHMERT is once again recognized with the “Silver Level” for Germany.

According to the jury, the firm has a good reputation with its respected and long-established IP practice. With more than 20 dedicated attorneys, the firm is a compelling choice for companies looking for the management and representation of complex, extensive and cross-border portfolios as well as strategic and precise enforcement actions.

For the first time since the European Unitary Patent System came into force, the WTR jury also compiled a ranking list for “European Union Intellectual Property Offices”. The law firm was awarded a bronze ranking.

Ten attorneys honored as “Recommended Individuals 2024”

For the first time, ten BOEHMERT & BOEHMERT attorneys at law have been praised and honored as “Recommended Individuals 2024”. Here is the jury’s assessment:

– Dr. Volker Schmitz-Fohrmann has in-depth knowledge in the areas of portfolio management and litigation. Due to his finesse, he is regularly asked to fight counterfeit products.

– Dr. Andreas Dustmann is an expert in liability issues on the Internet, including trade mark and copyright infringements. He regularly represents US media companies in their German legal disputes and also makes his expertise available to internet platforms.

– Dr. Carl-Richard Haarmann is an experienced enforcement attorney and portfolio advisor, and his IP expertise extends to patents and trade marks. Current cases in which he is involved include representing Huawei and advising Commerzbank AG in trade mark infringement proceedings.

– Dr. Florian Schwab has comprehensive and wide-ranging legal expertise in the areas of trade mark, design and competition law, is familiar with filing strategies and is an expert in combating product piracy and customs seizures.

– Dr. Ludwig Kouker knows how to extract the greatest possible value from his clients’ portfolios. He has extensive experience in negotiating settlements and license agreements as well as detailed knowledge of competition law.

– Peter Gross is an expert in the enforcement and defense of trade marks in Germany and abroad for both multinational corporations and start-ups. He is currently leading a multi-year battle against a market leader in the confectionery industry.

– Dr. Eckhard Ratjen is a safe bet when it comes to IP-rich transactions and licensing advice. He is currently advising an e-commerce company, mySwoop, on IT framework agreements and licensing.

– As a tenacious litigator, Silke Freund focuses on the contentious and often cross-border enforcement of trade mark rights and has extensive knowledge of working with trade mark portfolios.

– As a strategic portfolio consultant, Dr. Rudolf Böckenholt has a sure instinct for companies that want to derive the greatest possible value from their intellectual property. He recently supported the pharmaceutical company Clover Biopharmaceuticals and Arnold André from the tobacco industry.

– Dr. Sebastian Engels offers his clients a multi-pronged approach to solving their trade mark problems. As an e-commerce and IT specialist, he advises and supports companies such as Fraport AG and, together with Dustmann Anker Innovations, a Chinese manufacturer of smart devices.

Every year, WTR 1000 identifies the leading law firms and personalities in trade mark law in 70 countries and, as of this year, also compiles an EUIPO ranking.

The Legal 500 – Germany 2024: BOEHMERT & BOEHMERT recommended for five practice areas for the first time

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Award for “Patent Law: Patent Attorneys: Applications and Official Proceedings” and recommendations in four other categories

BOEHMERT & BOEHMERT has also been recognized in the current edition of “The Legal 500 – Germany” ranking. In the category “Patent Law: Patent Attorneys: Applications and Official Proceedings”, the jury one again lists the firm among the best law firms. BOEHMERT & BOEHMERT also receives recommendations for the categories “Trade Mark Law”, “Patent Law: Patent Attorneys: Dispute Resolution”, “Patent Law: Attorneys at Law: Dispute Resolution” and, for the first time, “Media Entertainment”.

Twelve attorneys receive recognition for outstanding achievements

The following attorneys received special mention from The Legal 500:

Dr. Markus Engelhard, Dr. Daniel Herrmann, Dr. Karl-Heinz Metten, Prof. Dr. Heinz Goddar and Dr. Dennis Kretschmann (all “Patent Law: Patent Attorneys: Applications and Official Proceedings”);
Christian W. Appelt, Dr. Dennis Kretschmann and Felix Hermann (all “Patent Law: Patent Attorneys: Dispute Resolution”);
Dr. Carl-Richard Haarmann and Dr. Michael Rüberg (both “Patent Law: Attorneys at Law: Dispute Resolution”);
Dr. Rudolf Böckenholt, Dr. Andreas Dustmann, Silke Freund, Dr. Sebastian Engels, Dr. Carl-Richard-Haarmann and Dr. Eckhard Ratjen (all “Trade Mark Law”)
and for the first time Dr. Martin Schaefer, Dr. Sebastian Engels, Silke Freund and Dr. Eckhard Ratjen for the practice area “Media Entertainment”.

Leading IP unit with a broad range of technologies and sectors

As one of the most active units in the patent application and administration business, BOEHMERT & BOEHMERT has earned a reputation as a leading IP unit and is able to cover an extremely broad range of technologies and sectors – from robotics and publishing to physics and environmental technology. In addition, thanks to the firms extensive network and its own offices in Alicante, Paris and Shanghai, it is an attractive choice for globally active clients.

Seamless handling of disputes from a single source and experienced support for German SMEs and major international corporations

As a mixed law and patent law firm, BOEHMERT & BOEHMERT can handle disputes seamlessly from a single source and does so in the context of infringement, nullity, opposition and appeal proceedings.
In litigation practice, the firm is a good partner for German SMEs and major international corporations. BOEHMERT & BOEHMERT’s team of patent attorneys often provides support before German and European institutions.

Comprehensive range of services in trade mark law and expertise in the music, film and software industries

In the field of trade mark law, the law firm offers a comprehensive range of services including the management of trade mark portfolios as well as the enforcement and defense of property rights. With national and international offices, it is also equipped for cross-border matters.

The Copyright Group at BOEHMERT & BOEHMERT advises clients in the music and film industry as well as software companies on copyright and data protection issues.

About The Legal 500

The Legal 500 analyzes and ranks law firms around the world in more than 150 jurisdictions. The annual rankings are based on feedback from 300,000 clients worldwide, submissions from law firms, interviews with leading attorneys and experts with extensive knowledge of the legal market.

The current ranking is available online here.

Berlinale 2024: Producers’ Brunch with keynote speaker Dr. Martin Schaefer a complete success

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Overwhelming interest from more than 350 participants on February 21 at the Brandenburg State Representation to the Federal Government.

„Die aktuellen US Guild Agreements und künstliche Intelligenz – Blue Print für die Filmproduktionslandschaft in Deutschland und Europa?“ (The current US Guild Agreements and artificial intelligence – blue print for the film production landscape in Germany and Europe?) was the topic of this year’s Producers’ Brunch as part of the 74th Berlin International Film Festival.

The topic met with such great interest that the large venue was completely over-booked.

BOEHMERT & BOEHMERT partner and lawyer Dr. Martin Schaefer introduced the morning with a detailed keynote speech. Prof. Dr. Jan Bernd Nordemann (NORDEMANN) as a moderator then guided a discussion between Sven Gronemeyer (UFA SERIAL DRAMA GmbH), screenwriter Oliver Schütte and Dr. Julia Schafdecker (SKW Schwarz).

All participants used the subsequent brunch for a lively exchange about the current challenges facing the film industry.

The producers’ brunch is organized annually by medianet berlinbrandenburg e. V. as part of the Berlinale – in cooperation with the Brandenburg State Representation to the Federal Government and the IP law firms BOEHMERT & BOEHMERT and NORDEMANN.

 

Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

Radiator grille element infringes Audi brand

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In its judgment of January, 25 (C-334/22), the CJEU clarified that a car manufacturer can prohibit the use of a sign for spare parts if it contains an element that is similar or identical to a trademark.

Audi’s well-known four-rings trademark is registered in the EU for vehicles and spare parts, among other things. A Polish dealer was selling copied radiator grilles intended for older Audi vehicles. The radiator grilles contained an element whose shape is similar or identical to the Audi trademark and is also intended for mounting the four-ring trademark.

In 2017, Audi took action against this dealer in Poland. The aim was to obtain a ban on marketing copied radiator grilles of the aforementioned type. The Polish court referred the case to the CJEU with the request to clarify whether the marketing of replacement car parts at issue (specifically: radiator grilles) constituted “use of a sign in the course of trade” that could impair the functions of the Audi brand. Furthermore, the national court wanted to clarify whether the owner of this trademark can prohibit a third party from such use.

In its judgment, the Court affirms this. It states that in the present case, the radiator grilles did not originate from the trade mark proprietor and had been placed on the market without its consent. The part intended for affixing the Audi emblem was integrated into the radiator grilles for their marketing by the third party. It is therefore visible to the public wishing to purchase such a spare part. This could constitute a factual link between the spare part in question and the owner of the AUDI mark. Therefore, such use could impair the functions of the trademark (including the origin or quality of the goods).

However, the specific legal dispute still has to be decided by the court in Warsaw, which is bound by the legal opinion of the CJEU. The CJEU left it to the Polish court to examine whether the disputed part on the radiator grille is identical or similar to the Audi brand.

Should Audi actually prevail in the proceedings, the practical consequence of the ruling is likely to be that radiator grille manufacturers will in future maintain a significant distance from (automotive) brands when designing corresponding products in order to avoid brand collisions.

Fee increase by the European Patent Office

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The European Patent Office will increase its fees as of April 1, 2024. For most of the fees, the increase is by about 5%. However, for some of the fees the increase is up to 30%, such as for the third and fourth annuities.
The EPC allows paying annuities up to three months in advance of the due date. If fees are paid before April 1, 2024, the current lower fees will apply.

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