Enjoy Summer

By Alexander Schnider, Constantin Kletzer, Juliane Messner, Max W. Mosing, Rainer Schultes | July 31st, 2019 |

(c) 2017 Gute Macher Prod. –

No protection of trade dress „MAGNUM DOUBLE“

By Rainer Schultes | July 29th, 2019 |

Neither the
form nor the design of the icecream MAGNUM DOUBLE enjoys protection under the
Austrian Law against Unfair competition.

The manufacturer
of the icecream MAGNUM DOUBLE sued against Gelatelli DOUBLE without success (in
the summary proceedings).

The form of
the MAGNUM DOUBLE with its three layers of chocolate was owed to technical
reasons.  DOUBLE was considered
descriptive […]

Breakfast at GEISTWERT

June 17th, 2019 |

participants discussed the interaction between Trade Secrets, Data Protection,
Patents and Copyright at the first GEISTWERT-Secret breakfast on June 13 and
how to establish synergies between the different legal institutes and their

GEISTWERT Standard forms on

June 5th, 2019 |

Intellectual Property Agreement Guide IPAG is a project of Universities Austria
(Österreichische Universitätenkonferenz, UNIKO) and is sponsored by the
National Contact Point for Intellectual Property (ncp.ip) in the Federal
Ministry of Digital, Business and Enterprise, the Federal Ministry for
Transport, Innovation and Technology and Austria Wirtschaftsservice. The aim of
this project is to increase […]

3 attorneys and GEISTWERT as such among Austria’s TOP lawyers

May 19th, 2019 |

GEISTWERT partners
Rainer Schultes, Max Mosing and Constantin Kletzer ranked in Top 10 in the
Lawyers’ Ranking of Austrian economics magazine “TREND” in the categories Unfair
Competition Law, Media and IT Law and Trademarks, Copyrights and Patents.

recognised as the second notable new law firm of the last five years.

Thanks to all […]

Figurative signs infringing PDO?

By Rainer Schultes | May 3rd, 2019 |

The use of
figurative signs evoking the geographical area with which a protected
designation of origin (PDO) is associated may constitute an unlawful evocation
of that designation

Quesera Cuquerella SL (‘IQC’) markets three of its cheeses using labels with an
illustration of a knight similar to the usual depictions of Don Quixote de La
Mancha, […]

LEGAL 500 ranked GEISTWERT in Top Tier in IP

April 10th, 2019 |

For the first time, this year LEGAL 500 ( ranked GEISTWERT in Tier 1 in the category “Intellectual Property” and highly ranked it in “Technology, Media & Telecom (TMT).

The evaluation text speaks for itself:


“GEISTWERT’s ‘partner-only approach’ is valued by clients and considered a key strength and unique selling point, […]

Puls 4 v YouTube in Austria does not anticipate Article 17

By Rainer Schultes | April 3rd, 2019 |

GEISTWERT’s most recent post on Kluwer Copyright Blog: […]

“Biosativa” is not protected under copyright law

By Rainer Schultes | March 22nd, 2019 |

In its most recent decision the Austrian Supreme Court (4Ob14/19s dated February 26, 2019) denied copyright protection to the word “Biosativa”.

Although, in exceptional circumstances, it is possible that a single word enjoys copyright protection, “Biosativa”, which is a combination of “bio” and “sativa” (meaning plant) is not sufficiently […]

Damages for Design-Infringment

By Rainer Schultes | March 1st, 2019 |

disonest infringer of a design does not have to surrender all its profits
gained with the fakes.

In a recent
ruling, the Austrian Supreme Court held that the plaintiff, a leading
manufacturer of LED-torches and holder of a European design model can claim
only that surrender of the infringer’s proftis with is owed to […]