scholarly journals A Personal Note on Trademark and Unfair Competition Law before the Lanham Act

1996 ◽  
Vol 59 (2) ◽  
pp. 5 ◽  
Author(s):  
Milton Handler
Keyword(s):  
Competition Law ◽  
Unfair Competition ◽  
Personal Note ◽  
Unfair Competition Law ◽  
Lanham Act

Influencer Marketing

2021 ◽  
Author(s):  
Felix Maatz
Keyword(s):  
Competition Law ◽  
Regulatory Framework ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
Modern Form

Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

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