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Dominik Weiß advises both national and international companies in all matters of intellectual property (IP). He has broad litigation experience in the fields of unfair competition and trademark law and design protection. He assists clients with the registration of national and international trademarks and represents them in the various proceedings before the European Intellectual Property Office (EUIPO) and the German Patent and Trademark Office (GTPO). Another focus of his practice lies in advising companies with regard to transaction-related IP matters.

In addition, Mr. Weiß advises on IT law, e-commerce and data privacy. He helps numerous clients address the legal issues surrounding major IT projects, the structuring of online shops and other Internet pages, and the licensing and distribution of software and other IT products. Furthermore, he advises on all aspects of data privacy law, including direct marketing, market and opinion research, data transfer within companies and third-party states.

Mr. Weiß also has significant experience in advising and representing international clients during complex commercial disputes before courts and arbitration proceedings, often in a cross border context.

Professional Affiliations

    • German Association for the Protection of Intellectual Property Rights (GRUR)
    • International Trademark Association (INTA)
    • Association littéraire et artistique internationale (ALAI), German national group
    • International Trademark Association (INTA)
    • Association littéraire et artistique internationale (ALAI), German national group
    • Association littéraire et artistique internationale (ALAI), German national group
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Representative Experience

  • Counseling and representation of a leading design furniture manufacturer in numerous copyright infringement matters.
  • Counseling and representation of a leading global watch manufacturer in the area of IP law, particularly in connection with domains, trademarks, company signs, unfair competition and copyrights.
  • Advising a leading European bank in various copyright, software and company name matters.
  • Representation of a US automotive supplier in a complex ICC arbitration for injunctive relief and damages after immediate termination of a patent and know-how license agreement.
  • Advising various clients on the legal requirements for Internet presences and online shops (e.g. all mandatory legal details, pre- and post-contractual information requirements, terms and conditions of sale and delivery, terms of use, data privacy statements, design of the ordering process) and advice on various data privacy issues both in the online and offline market (e.g. online competitions, newsletters, use of online forms, data processing in non-EU countries, involvement of processors of personal data etc.).
  • Advising on antitrust law regarding distribution systems, inter alia in the online sector (contractual exclusion of the distribution via trading platforms of third parties and the use of price comparison platforms).
  • Advising pharmaceutical companies and medical product manufacturers, inter alia on pharmaceutical advertising law, issues of product classification as well as drafting and examination of contracts of all types.
  • Advice to various companies in the area of food law on the legal requirements under the EU Food Information Regulation and the EU Health Claims Regulation.

Publications

  • “Higher Regional Court Munich, Misleading advertising for a homeopathic medicine against headaches”, GRUR-Prax 2017, 449
  • “Higher Regional Court Düsseldorf: “Unsurpassed efficacy” is generally no superiority claim”, GRUR-Prax, 2017, 266
  • “District Court Cologne: No use as a trademark by using a bone pattern of a shoe sole”, GRUR-Prax, 2017, 163
  • “ECJ: Findings of the EGC regarding different usage generally not verifiable”, GRUR-Prax 2016, 470
  • “Higher Regional Court Frankfurt: Capacity as manufacturer when modifying products of third parties”, GRUR-Prax 2016, 247
  • “German Federal Court of Justice: Language of authorized health claims may be modified”, GRUR-Prax 2016, 135
  • “Higher Regional Court Munich: Travel gear specialty store may demand delivery in ”grooved suitcases””, GRUR-Prax 2015, 517
  • “German Federal Patent Court: Substantiation of the enhanced distinctive character of an opposing trademark due to use”, GRUR-Prax 2015, 405
  • “Higher Regional Court Schleswig: Sale of varifocal glasses on the Internet”, GRUR-Prax 2014, 560
  • “German Federal Patent Court: Mixed word and figurative trademark “my Stadtwerk” is distinctive“, GRUR-Prax 2014, 500
  • “German Federal Court of Justice: Permissible call of a consumer protection office to terminate accounts”, GRUR-Prax 2014, 422
  • “EGC: Bad faith registration of a known “historical” trademark“, GRUR-Prax2014, 277
  • “Higher Regional Court Frankfurt: Redistribution of software – restrictions in general terms and conditions”, GRUR-Prax 2014, 258

Speaking Engagements

  • "The cooperation with payment service providers to combat product piracy“, APM (Action Group against Product and Trademark Piracy), Workshop on Intellectual Property, Berlin, June 14th, 2016