Unfair competition, intellectual property rights and distribution law

  • Enforcement and defence against claims of unfair competition
  • National and international trademark and design applications (Patent Office, WIPO or OHIM)
  • Administration and servicing of trademark portfolio (renewals, extensions, defence of younger, similar trademarks)
  • Implementation of trademark research
  • Legal disputes related to infringements of trademarks, designs or copyrights
  • Assessment of distribution agreements on compliance with antitrust and competition law (particularly in relation to relevant block exemption regulations)
  • Drafting of franchise concepts and related agreements
  • Calculation, enforcement or defence of compensation claims by agents and distributors

Calculation of Infringement Profit in Intellectual Property Law

Anyone who’s registered design is violated, is entitled to surrender the profit. The calculate of this profit requires the calculation of the "net profit" (total profit minus costs for purchase, customs, transport, discounts etc.). Only the part of this profit, which is based on the use of the foreign property right, is to be surrendered. It is relevant to which extent the buyer's decision to purchase is due to the fact that the registered design was used. That part of the profit which results from other causes (such as the quality of the goods or the intensity of the advertising of the infringer) must remain with the infringer.