CMS Deutschland

Firm overview:

Globally full-service firm CMS has over 450 specialist IP lawyers supporting clients across borders with the full lifecycle of IP assets, from strategy for the creation, identification, registration, protection and capture of assets, their realisation through commercial agreements and licensing, and their protection and enforcement through litigation and other dispute resolution. Peers comment: “They are very good and very approachable for such a big firm.”

Key clients and sector focus of the trademark, design and unfair competition practice. The firm supports national and international companies on all legal questions in connection with trademark prosecution and the management of large trademark and design portfolios. long-standing clients in Germany include, e.g. Eli Lilly, August Storck, Unilever, Leifheit and Henkel.

Team overview:

Prof. Dr. Gordian Hasselblatt has 30+ years of experience with a focus on advising clients especially in the  consumer products, fashion and automotive  sector on all aspects of Trademark and Design  Law, Copyright Law, Unfair competition, Cross-border litigation, and Licensing. His long-standing clients  include HP, Siemens, Henkel and Fissler. Says a peer who worked with him on the other side: “Great! He is fun to work with, diligent, well-educated and talented.”

Heike Blank has 20+ years of experience with a focus on advising  clients especially in the  FMCG and Healthcare sector on all aspects of Unfair Competition Law (Act Against

Unfair Competition – UWG), Food and Cosmetics Law, Law on Advertising of  Health Care Products, and Trade Secrets. Blank’s long standing clients  include Bayer, Mars and L’Oréal. A international referral lawyers confirms Blank has been the firm’s main contact for over two decades.

Key matters:

• Prof Dr Gordian N. Hasselblatt, supported by Adrian Zarm, leads CMS’ ongoing advice to household goods maker Leifheit AG on a complex series of intellectual property matters. The advice includes trademark, design and unfair competition law, and increasingly intensive patent law advice and representation in important patent infringement proceedings. CMS is representing Leifheit AG in its defense against competitor unfair competition law claims allegedly due to misleading advertising. The client won a test victory in several  European countries, including two preliminary injunction proceedings against advertising spots throughout Germany, and legal action against product presentation.
• A CMS team led by Dr Heike Blank (IP), Dr Hans-Clemens Köhne (Commercial) and supported by Dr. Carsten Menebröcker, Dr. Jonas Kiefer, Dr. Robert Budde, Dr. Claudia Böhmer, advises Bitburger management of the  worldwide trademark portfolio; comprehensive unfair competition law advice on new products, packaging,  marketing campaigns and advertising. Bitburger is the third best-selling beer in Germany, and the nation's number one draft beer. CMS provides ongoing intensive advice and representation in unfair competition and trademark law and on all aspects of food law. The work includes advice from CMS France, CMS Italy and CMS Luxembourg.
• A CMS team led by Prof Dr Heralt Hug (Stefan Schreiber, Alexander Tharan; Dr Jörn Witt) is advising  Europe-wide health-tech company Apologistics GmbH, one of the leading online pharmacies in Germany, in a trademark dispute. One of several legal disputes between the parties, ongoing since 2018, concerns whether the trademark "Apo" is descriptive of goods and services from the pharmacy sector. CMS provides intensive cross-business and cross-location advice on the design and structuring of rapidly growing online sales, most recently on the sale of cannabis products.

Clients:

Aesculap (B. Braun), apo.com Group (f/d/b Apologistics), AXA Versicherung, August Storck, Barilla, Bayer, Bitburger, Brown-Forman, Deutsche Lufthansa, Eli Lilly, GE Healthcare, Hirschen Group, Leifheit AG, Mars, MATEX LAB Germany, Melitta, Primark, Unilever, Vodafone, Zurich Insurance