German whisky cannot be labeled as “glen” whisky Whisky from Swabia is not allowed to include the word “glen” in its name. This right is reserved for Scotch whisky according to the Oberlandesgericht (OLG) Hamburg – the Higher Regional Court of Hamburg – in a judgment from January 20, 2022 (case ref.: 5 U 43/19). […]
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OLG München: A company”s own logo must not give the impression of being a certified quality seal The use in advertising of an organic logo designed by the company paying for the advertisements has the potential to mislead consumers and may be anticompetitive. That was the verdict of the Oberlandesgericht (OLG) München – the Higher
Gifting company shares to employees in the context of company succession Company succession is on the agenda of many businesses, with one option being to transfer shares in the company to employees. However, one needs to be mindful of the tax implications. Many owner-run companies are facing a generational shift and the retirement of their
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Courts find custody fees and negative interest rates to be unlawful German banks and savings banks (Sparkassen) increasingly expect their customers to pay custody fees on their balances. But initial rulings indicate that clauses on negative interest are unlawful. We at the commercial law firm MTR Rechtsanwälte can report that the current negative interest rates
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Düsseldorf court finds no copyright infringement in light of work”s sufficient distinctive character Copyright is not infringed if a work possesses sufficient creative character. That was the verdict of Düsseldorf”s Higher Regional Court – the Oberlandesgericht (OLG) Düsseldorf – in a ruling from February 24, 2022 (case ref.: I-20 254/20). A lot of cases where
Wirecard scandal could see shareholders face claims to claw back dividends Munich”s regional court – the Landgericht (LG) München – has declared Wirecard AG”s annual financial statements from 2017 and 2018 null and void. The group”s shareholders could now be facing claims brought by the insolvency administrator to claw back dividend payments. The verdict comes
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New rules for T&Cs in Germany 2022 saw a number of changes introduced to German contract law, some of which came into force at the beginning of the year, while others became operative later on. We at the commercial law firm MTR Legal Rechtsanwälte can report that the changes have implications for, among other things,
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Avoiding imminent threat of bankruptcy thanks to new corporate restructuring legislation Germany”s Corporate Stabilization and Restructuring Act (StaRUG), which came into force at the beginning of 2021, makes it easier for ailing companies to reorganize without having to go through bankruptcy. Many companies have been hit hard by the effects of the coronavirus pandemic, interrupted
Protecting the business and personal assets of private clients Personal and business assets require special protection. Aspects of, among other things, inheritance and family law come into play here. The impact of family disputes can extend to businesses and their assets, particularly in cases involving the self-employed, entrepreneurs, and tradesmen. Disputes over inheritance, divorce, and
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Mobility Directive expected to facilitate reorganization of companies across borders within the EU The EU”s so-called “Mobility Directive” creates a European legal framework for transnational reorganizations of companies, including those involving cross-border conversions, mergers, and divisions. With the Mobility Directive having entered into force on January 1 of 2020 and the deadline for its transposition
