Latest blog articles
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What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? This Kat randomly asked this question to her friends currently at the Max Planck Institute for Innovation and Competition Munich. Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except...
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Nobuki Yamamoto, a Japanese contemporary artist, made an eye-catching work of ‘goldfish swimming in a phone booth’ (‘Work 1’) by December 2000 at the latest. In October 2011, a student organisation called ‘Goldfish Club’ at Kyoto University of Art and Design produced Work 2 and exhibited it for a...
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Recently, Chanel Co., Ltd. lost a trade mark infringement case regarding its ‘Double C’ logo in China. The full text of the decision can be visited via here (Google translatable). The case has drawn wide attention and, mostly, negative comments. Does this seemingly-counterintuitive loss indeed, well...
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Most people’s gut-feeling would say yes… because it sounds unfair. The CJEU also opines yes, but bends EU trade mark protection rules considerably and thereby increases EU trade mark protection for trade mark proprietors regarding two aspects: 1) the scope of when a sign is used in the course of...
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My message is, however, that next to the main lines of law’s contents, law students should learn about the ways in which law affects society and its participants. In this connection, they should study selected topics from sociology, but also – and that is the main message here – the cognitive...
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Since “Champagne” is a protected designation of origin (PDO) under EU law, it is not self-evident whether a product that is not Champagne but which contains Champagne can use the protected term in its trade name.
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A little bit of provocation sharpens the mind. Let me therefore start with a provocative thesis: Most lawyers have no idea what law is.
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Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics.