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The right to free speech and unfair competition law claims in Germany
01 April 2021
PartnerHamburg
Email morten.petersenn@hoganlovells.com
Phone +49 40 419 93 166
LanguagesEnglish, French, German, Spanish
Practice groupIntellectual Property, Media, and Technology
Well-versed in IP litigation, Morten Petersenn advises on the field of trademarks, designs, copyrights and false advertisement claims.
Clients often ask Morten questions like "How do we best stop the infringement?", "How fast can we get a court order to stop the infringement", "Can we obtain a preliminary injunction?", "Is it possible to obtain a court order with EU-wide scope?", "Shall we send a cease and desist letter?", or "Can we obtain damages?". However, Morten does not only litigate for claimant parties. He also handles defense cases. Clients who are attacked by a competitor would typically need advice on questions like "Can we file a protective brief with the court?" or "Can we file a counter-claim?". For his clients, Morten is both a counsel and a litigator in court.
Morten's key area lies in the field of the internet. He often advises on conflicts related to online shops or online marketing, such as domain name conflicts, fake websites, non-compliance of websites or mobile advertisement with regulatory rules.
Morten has a large number of clients from the fashion and luxury industry as well as manufacturers and distributors of consumer products. For example, Morten has represented clients in parallel import cases of textile products originating outside the EU. He also often litigates cases involving counterfeits or lookalike products from competitors. He represents clients in unfair competition cases, often regarding misleading statements or comparative advertising.
Morten has been lecturing "IP litigation" in LL.M. Master Courses at Bucerius Law School in Hamburg.
Best Lawyers has been ranking Morten as an expert in the field of IPMT for a number of years. Similarly, the German JUVE handbook has been quoting Morten as "frequently recommended" for various years in a row.
Recommended lawyer for Trademark and Competition Law
Legal 500 Germany
Recommended lawyer for Trademarks, Germany
WTR 1000
Included for Intellectual Property law
Edition Best Lawyers™ in Germany
Education
Second State Exam in Law, Hamburg, 2002
Dr. iur., University of Göttingen, 2000
First State Exam in Law, University of Göttingen, 1998
Memberships
GRUR (German Association for the Protection of Intellectual Property)
INTA (International Trademark Association)
Litigating trade name dispute up to German Supreme Court for retailer of textile products against competitor with identical name and common prior origin.
Representing a leading computer and software manufacturer in a trademark dispute related to imitation products.
Representing a leading computer and software manufacturer in a trademark dispute related to imitation products.
Representing a leading computer and software manufacturer in a dispute with the consumer protection association concerning online marketing activities.
Representing a world-renowned restaurant, hotel and casino operator in a dispute with a competitor.
Leading landmark case for well-known provider of restaurants, hotels and casinos up to German Supreme Court on the basis of misleading use of trade name and logo.
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