Effect of Brexit on EU Trademarks and EU Designs

By Constantin Kletzer | December 14th, 2020 |

In a nutshell:

 What do I need to do?

Good news:  All EU trademarks and Community Designs will be cloned in the UK. You will not have to act unless…

you have pending trademark or design application through 31.12.2020. If so, you will need to consider whether to re-file in […]

For the first time: Red Bull-trademarks well-known (also) for “Events”

By Juliane Messner, Max W. Mosing | January 20th, 2021 |


Red Bull has been the world’s largest producer of “energy drinks” for decades. It is established case law all over the world that Red Bull’s trademarks, especially in connection with

the trademarks UM 017363094,  UM 017363037,  UM 01056431 and UM 012484441, UM 01564301 and BULL (inter alia UM/IR 0867085) (hereinafter: […]

Worldwide Obligation of Facebook

November 26th, 2020 |

The assertion that someone is a “rotten traitor”, a “corrupt oaf” and member of a “fascist party” is insulting and defamatory pursuant to section 1330 para 1 Austrian Civil Code ruled the Austrian Supreme Court in its decision 6Ob195/19y of September 15, 2020.

A private Facebook Service user, registered under […]

Data Protection Law in Austria (GDPR and DSG)

By Juliane Messner, Max W. Mosing | November 6th, 2020 |

An Overview by Juliane Messner / Max W. Mosing

80 pages on the Austrian Data Protection Law (GDPR and national DSG et al) in English [Download].


CE-sign in Unfair Competition law

By Rainer Schultes | November 4th, 2020 |

On September 22, 2020, the Austrian Supreme Court, in its decision 4Ob135/20m confirmed that the fact that a medical device is correctly marked CE gives rise to assuming that the device meets the requirements of the law. Whether this (legal) assumption can be rebutted in the Unfair Competition proceedings […]

EUCJ: Foreign pharmacies must not be forbidden to advertise medicinal products on search engines and price comparison websites

By Rainer Schultes | October 6th, 2020 |

In its judgement of October 1, 2020, C-649/18, the EUCJ clarified that foreign pharmacies must not be forbidden to advertise medicinal products via paid referencing on search engines and price comparison websites. Such a prohibition would go beyond what is necessary to protect public health.

As regards the prohibition on […]

Copyright Levy on Storage Media (Hard Disks) goes Cloud?

By Alexander Schnider | September 22nd, 2020 |

The story of Austria’s copyright levy on storage media (storage media levy, briefly “SML”) is not over: In its newest chapter, the Austrian courts – and now also the Court of Justice of the European Union (“CJEU”) – have to deal with the Austrian legislation once more and this […]

Right to information also against access providers

By Max W. Mosing | September 9th, 2020 |

A request for information according to § 18 para. 4 ECG is – contrary to the wording of the provision – not only possible against host providers according to § 16 ECG, but analogously also against access providers according to § 13 ECG. The Austrian Supreme Court saw a […]


July 17th, 2020 |

Those who celebrated with us already know it: The life cartoon story of GEISTWERT’s history. For those who cold not attend, there is now:


No worry, no keynotes, no interviews, no speeches.



DFL Broadcasting Tender: GEISTWERT on the Advisors’ Bench for the Austrian Part

June 30th, 2020 |

Together with Klinkert (lead and German part) and Nater Dallafior (Swiss part), GEISTWERT (Austrian part) advised the German Football League (Deutsche Fussball Liga, “DFL”) in connection with copyright questions relating to the tender of DFL’s broadcasting rights for the seasons 2021/22 to 2024/25 for Germany, Switzerland, Austria and South […]