In succession of late Melvin F. Jager, who died in September of last year, the sole editor of Standard Handbook “Trade Secrets Throughout the World” (“TSTW”), ISBN 978-1-731-92418-6, last edition 2022 Thomson Reuters, fulfilling a sincere wish of late Mel Jager, BOEHMERT & BOEHMERT partner and patent attorney Heinz Goddar and Melanie Müller, attorney at law at BOEHMERT & BOEHMERT, since January 2023 are joint editors of “TSTW”.

Already at this opportunity, they would like to express their sincere hope that the numerous authors who, in cooperation with Mel Jager, in the past has been contributed to the handbook, will continue the fruitful cooperation in the past, together with the new co-editors, in honor and in continuation of Mel Jager’s great work.

Relocation to Feldbergstraße 35

Due to the pleasing growth of our office in Frankfurt, we have moved to new premises. In the future, you can reach us at Feldbergstraße 35. As usual, you can reach us by public transport via the subway station Westend. Parking spaces are available for those arriving by car.

The new office in the Main metropolis will not only offer us more space in the future, it will also for even more digitized and cross-location work thanks to the use of state-of-the-art digital technologies. The central location in the heart of Germany also ensures short distances to the regions of Hesse, Rhineland-Palatinate, Baden-Württemberg, northern Bavaria and Thuringia.

At the BOEHMERT & BOEHMERT office in Frankfurt, interested parties and clients can expect competent support across the entire spectrum of intellectual property law. A particular focus of the resident team is on patent prosecution and litigation, employee invention law, design law, trademark, contract and licensing law. The interdisciplinary expert teams of the law firm are broadly positioned in this regard and offer in-depth industry knowledge in chemistry, physics, software industry, medical technology, semiconductor technology and mechanical engineering.

You can find more information about the new location and all contact details here.

Under the heading “Wir laufen für den Frieden” (We run for peace) the Berlin company run takes place for the 20th time this year. Our Berlin colleagues are once again taking part with great pleasure and commitment.

As in previous years, donations are collected for charitable purposes during the run. This year’s donations of EUR 13,200 will go to the “Stiftung RTL – Wir helfen Kindern” (RTL Foundation – We help children) and the “Sonnenhof, ein Hospiz für Kinder, Jugendliche und junge Erwachsene der Björn Schulz Stiftung ” (Sonnenhof, a hospice for children, adolescents and young adults of the Björn Schulz Foundation).

The Regional Court of Munich I grants protection of reputation to Hofbräu München’s trade marks and corporate identifiers “Hofbräuhaus”.

A dispute between Hofbräu München, represented by BOEHMERT & BOEHMERT attorney at law Claudia Deppe, and John Scheller, owner of four Edeka stores in Dresden, which has lasted for more than ten years, has come to an end with a court settlement.

In the oral hearing at the end of February 2022, the Regional Court Munich I had come to the preliminary legal assessment that the lawsuit of Hofbräu München had good chances of success at least because of the reputation of the earlier rights of Hofbräu München to the designation “Hofbräuhaus”.

In order to finally end the long-standing conflict and in view of the costs and time involved in continuing through further instances, the court recommended that the legal dispute should be settled by means of a compromise. This could include in particular that Mr. Scheller withdraws the registration of his trademark „Seit 1872 Dresdner Hofbrauhaus“ and ceases to use this mark. In return, Hofbräu München should waive to claim damages.

The conflict was triggered in spring 2011 when the defendant applied for registration of the German word and figurative mark “Seit 1872 Dresdner Hofbrauhaus“ The owner of four Edeka stores in Dresden has had a beer brewed outside Dresden and sold in his stores under this word/figurative mark since 2011.

Hofbräu München initially filed an opposition with the DPMA against the registration of the defendant’s word/figurative mark on the basis of its earlier trade mark rights to the designations “Hofbräuhaus” and “Hofbräu” and, in parallel to these opposition proceedings, which have not yet been concluded, repeatedly made attempts to reach a settlement.

However, as the defendant did not want to give up its trade mark, continued to offer and advertise its beer under the disputed trade mark and ran a café in one of its Edeka stores under the name “DRESDNER HOFBRAUHAUS”, Hofbräu München filed an infringement action with the Munich Regional Court I in November 2020.

With the action, Hofbräu München claimed in particular that the defendant ceases to use the disputed figurative mark as well as the declaration of invalidity of this mark and based its claims, inter alia, on the reputation of its earlier trade mark rights in the designations “Hofbräuhaus” and „Hofbräu“ for beer and gastronomy services, as evidenced by survey reports.

After both the degree of distinctiveness of Hofbräu München’s earlier trade marks “Hofbräuhaus” and “Hofbräu” and their reputation were questioned in the opposition proceedings, the Regional Court Munich I even expressed in the oral hearing that it considered the reputation of these earlier trade mark rights of Hofbräu München to be an obvious fact known to the courts.

In the meantime, the parties have settled the dispute in accordance with the court’s suggestion.

Representing Hofbräu München: Claudia Deppe, attorney at law BOEHMERT & BOEHMERT