In the recently published GRUR issue – Gewerblicher Rechtsschutz und Urheberrecht 12/2023, BOEHMERT & BOEHMERT lawyer Fabio Adinolfi sheds light on the shadowy existence of the trademark law protection of working titles among the trademark rights.
In doing so, he concentrates in detail on particularly practice-relevant questions in connection with the creation of protection as well as the likelihood of confusion with trademarks, among others. This is done with the aim of closing the gap left open by the lack of case law and legal literature.
In his comprehensive contribution, he examines the following aspects in detail:
- the work title – definition and delimitation
- the origin of title protection
- expiry of title protection
- enforcement of title protection rights
In conclusion, he comes to the conclusion that some relevant legal questions concerning title protection law, which is highly relevant in practice, are still open and that parts of the previous case law should be critically questioned. The latter would lead to a corresponding need for advice, especially as the popularity and reach of titles should not be underestimated.
Read the entire article (in German) by Fabio Adinolfi entitled “Der kennzeichenrechtliche Werktitelschutz – das Aschenputtel unter den Kennzeichenrechten“ in the 12/2023 issue of GRUR from page 858 onwards. Registered users of Beck-Online can download it here.