May the right of use be with you
Germany: Competitors are protected from imitation by Section 4 No. 3 UWG. There it is regulated that a person acts unfairly if he offers goods or services that are an imitation of the goods/services of his competitor, for example, if he thereby causes avoidable deception of the customers as to the commercial origin....
For over 50 years, the Matterhorn has adorned the packaging of Toblerone - but soon the Matterhorn will have to disappear from the packaging. The reason for this is the outsourcing of parts of the production to Slovakia. As a result, the traditional Swiss chocolate no longer meets the "Swissness" criteria. The relocation of production not only affects "Swissness" legislation, but also food law declaration regulations.
Almost exactly one month before the next "Black Friday" sale, there is news again in the trademark dispute about the word mark "Black Friday". A quick refresher: the trademark "Black Friday" had been registered with the German Patent and Trademark Office (DPMA) since 2013. The term itself originates from the USA and now also refers on this side of the Atlantic to the annual sales event in online/offline retail on the Friday after Thanksgiving. This day now marks the start of the Christmas shopping season.
When rights are infringed on the Internet, rights holders often face the problem of not being able to locate the person responsible. Instead, an obvious alternative is to take action against the operator of the platform on which the illegal content was posted in order to effectively stop the infringement.