Portal de Periódicos da CAPES

Between a rock and a hard place? Bundesgerichtshof decides Hard Rock Cafe trade mark dispute

2014; Oxford University Press; Volume: 9; Issue: 7 Linguagem: Inglês

10.1093/jiplp/jpu078

1747-1540

Birgit Clark,

Intellectual Property Rights and Media

In a complex dispute concerning the use of the Hard Rock Café trade marks, the Bundesgerichtshof has clarified its application of the acquiescence defence and expressly re-evaluated its own precedents by allowing the parallel application of trade mark and unfair competition laws in cases of a deception concerning the commercial origin of goods or services in light of the EU Unfair Commercial Practices Directive.