Dr. Jan Bärenfänger

When it comes to abstract and unusual trademarks such as colours, forms and the like, you've come to the right place. I will offer you tailored advice and comprehensive knowledge both inside and outside the courtroom in all other fields of trademark and design protection, copyright protection and unfair competition law.

As Counsel in our Intellectual Property team in Düsseldorf, I represent our clients in complex trademark and design disputes consisting of a vast number of parallel proceedings in different countries. My focus is on the interplay of infringement and validity proceedings.

I have extensive experience regarding non-traditional trademarks such as colour trademarks, 3D forms and position marks. From that I have gained particular knowledge in conducting and using surveys in infringement and application proceedings.

Apart from litigation, I can also offer my experience in a broad range of IP-related contracts, from negotiating licensing agreements to conducting international arbitration connected to complex multi-party delimitation agreements.

Finally, I also advise on questions of brand use and strategy at the interface between the offline world and the online world ('fluid marks'). Here I make sure that you do not vary the distinctive elements and risk losing brand protection in the event of a 'facelift' or a dynamic use of your brand on the internet.

During my legal training, I worked at the Federal Network Agency, at an international law firm in Düsseldorf and at a medium-sized law firm in Cologne, across all fields of IP and copyright law.

I publish regularly on a range of issues in industrial property protection.

• Advising the umbrella organisation of the German savings banks regarding the enforcement of their colour-per-se trademark.
• Advising a well-known furniture manufacturer in several lawsuits concerning the enforcement of copyrights on designer furniture.

• Federal Supreme Court, Judgment dated 10 November 2016, docket no. I ZR 191/15 – Sierpinski-Dreieck.
• Federal Supreme Court, Decision dated 21 July 2016, docket no. I ZB 52/15 –Sparkassen-Rot.
• Sparkassen Rot Infringement Case.