Cologne, NRW -- (SBWIRE) -- 07/17/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London http://www.grprainer.com/en explain: The Düsseldorf Regional Court (LG) (Az.: 14c O171/12) did not affirm an advertising agency’s accusations of plagiarism based on the egg-shape of chocolate marshmallows. The advertising agency’s action was dismissed and the producer of the sweets was also allowed to continue selling chocolate marshmallows in egg-shape. According to the LG, the matter concerned compact eggs that differed from the protected design of the advertising agency’s eggs. Chocolate marshmallows already existed in different shapes, so that in the Court’s view the range of protection afforded by the design developed by the advertising agency was commensurately small.

The Court did in fact highlight that the design of the eggs developed by the advertising agency was worthy of protection. However, the egg-shaped chocolate marshmallows deviated from this design.

An advertising agency brought an action against the production of egg-shaped chocolate marshmallows. The egg-design was developed by the advertising agency, protected by it and then presented to a confectionary maker. The latter is supposed to have subsequently assumed the chocolate egg design.

An amicable agreement between the parties could not be achieved.

A lawyer versed in intellectual property rights can examine marketing and advertising strategies as regards their effect on competition. Additionally, he can comprehensively advise on preparing and concluding licence agreements or, where necessary, assume responsibility for registering a trademark at the German Patent and Trademark Office. Furthermore, a competent lawyer can advise on whether it is in fact worth registering.

Should there already be infringements against a trademark or patent, a lawyer versed in intellectual property rights can formulate individual written warnings and cease-and-desist declarations and also help assert interests if necessary in court.

Even if a written warning on the basis of an infringement has already been issued, a lawyer active in the field of intellectual property rights can examine whether there is indeed an infringement.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
hyyp://www.grprainer.com/en click my link