Refill products infringe trademark

Claudia Csáky and Stefan Djusic recently analyzed the Supreme Court's decision of December 22, 2020 (4 Ob 138/20b) on trademark infringement in relation to the use of a foreign trademark to indicate the purposes of the user’s own product.

 

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Exemption No Longer Limited to Necessary Use

Claudia Csáky recently analyzed the decision of the Austrian Court of Justice of December 22, 2020 (4 Ob 205/20f) on the subject of exemption to the trade mark proprietor's right to prohibit a third party from using its trademark in the context of required indications of intended purpose.

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Competitive actions by employees through intermediaries: imputation of liability and restrictive covenants

Under Section 7 Austrian Employment Act, employees cannot, while employed and without their employer's consent, operate a commercial business or conclude commercial transactions in their employer's line of business.

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