Sports Equipment Manufacturer Loses Design Protection
General Court: No Design Protection for Sneakers Already Known to the Public A social media post can have dire consequences, even for design protection. This was a hard lesson learned by a sports equipment manufacturer which, according to a ruling by the Court of the European Union dated March 6, 2024 (Case No.: T-647/22), lost […]
BVerfG Strengthens Rights of Biological Fathers
Judgment of the Federal Constitutional Court of April 9, 2024, Case No.: 1 BvR 2017/21 The Federal Constitutional Court has strengthened the rights of biological fathers with a ruling dated April 9, 2024 (Case No.: 1 BvR 2017/21). With this landmark decision, the constitutional judges opened the door for biological fathers to be recognized as […]
Bankruptcy of d.i.i. Deutsche Invest Immobilien AG
Insolvency Application for d.i.i. 14 GmbH & Co. Closed Investment Limited Partnership The current difficult situation in the construction industry has already brought significant economic difficulties to several real estate companies and project developers, including d.i.i. Deutsche Invest Immobilien AG based in Wiesbaden. On March 28, 2024, the company filed for bankruptcy. Additionally, insolvency applications […]
D&O insurance – OLG Hamm Strengthens Managing Director
Criminal Legal Protection in D&O Insurance Managing directors carry a high risk and can also be personally liable. D&O insurance is intended to mitigate this liability risk. It is therefore crucial that the D&O insurance comes into effect in the event of a claim and does not deny coverage. The Higher Regional Court of Hamm, […]
Tax Disadvantages through Berliner Testament
Ruling of the BFH on Tax Disadvantages due to Jastrowsche Clause The Berliner Testament is popular among married couples because it is particularly suitable for protecting the surviving partner from the claims of other heirs in the event of death. However, financial security can be accompanied by negative consequences for inheritance tax. This is also […]
Beware of Greenwashing in Investment Opportunities
Legal Options for Investors Concerning Greenwashing Sustainability has also made its way into the capital market, at least according to the wishes of investors. For many investors, not only the expected return on an investment is a reason for investment but also its sustainability. However, caution is necessary because not every investment that has been […]
Cash Assets in a Will
Higher Regional Court of Oldenburg: Cash includes money in bank accounts Wills should always use clear terms to avoid ambiguity and ensure that the testator’s final wishes are implemented as intended. A term that has increasingly led to disputes among heirs is “cash assets”. On December 20, 2023, the Higher Regional Court of Oldenburg ruled, […]
New EU Supply Chain Law on the Horizon
Companies Must Prepare for Liability Lawsuits In mid-March, the member states of the European Union agreed on the new EU Supply Chain Law. While the European Parliament still needs to approve the draft law, this is considered a formality. Subsequently, EU member states will be required to transpose the directives into national law. Companies should […]
Loan – No Joint Liability in Case of Immorality
Judgment of the Potsdam Regional Court on Joint Liability and Guarantee in Loans Anyone who undertakes the guarantee for a loan or signs the loan agreement as a co-debtor is taking a risk. This was also experienced by a married couple who had concluded two loan contracts together with their son. After the death of […]
Obligation of Fair Negotiation in Termination Agreements
Ruling of the Federal Labour Court – Case No. 6 AZR 333/21 In the context of termination agreements in employment law, the principle of fair negotiation applies. However, in exceptional cases, a termination agreement may still come into effect even if pressure was applied and the principle of fair negotiation was violated. This was clarified […]
