NITSCHKE LAW

AREAS OF PRACTICE

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IP LAW

TRADEMARKS

Brands are some of the most valuable intellectual property assets that a company may own. My services include assessing prospective trademarks for clearance and availability for use, and for national, eu-wide and international registrability. I conduct ex parte proceedings, such as filing and prosecuting trademark applications, and inter partes opposition and cancellation proceedings before the trademark offices. Moreover, I survey the market for possible infringements and represent trademark owners and accused infringers in infringement litigation, including ex parte seizure orders, temporary restraining orders and preliminary injunctions before the courts.

  • Trademark lifecycling
  • Advising enterprises in the development process of tradenames or product brands
  • Trademark application process for national, EU and international trademarks
  • National and international portfolio management, including clearance, prosecution, maintenance and overall strategy
  • Anti-counterfeiting advising and enforcement, including customs seizures
  • Litigation
  • Shielding against unauthorized and expensive pre-litigation proceedings brought by competitors
  • Cooperating with enforcement authorities in criminal investigations
  • Internet domain and social media issues
  • Trademark proceedings before national and EU intellectual property offices
  • Trademark transactions and licensing

COPYRIGHTS

Advising businesses protecting their creative expressions across all areas of industry and art is essential part of our service portfolio. We assist our clients to identify, protect and exploit their copyrights. Information technologies such as web pages, databases and software are protected by copyright law just as well as traditional works, such as art, photography, and music works. We handle copyright infringement litigation, including the representation of copyright owners against infringers as well as individuals and businesses accused of copyright infringement. Moreover, we assist you to commercialize your copyrighted works by flanking your licensing strategy with legal advice.

  • Copyright lifecycling
  • Identification of copyrights
  • Evidence conservation of emerging copyrights
  • Copyright protection
  • Copyright licensing
  • Copyright transactions
  • Software and database copyrights
  • Anti-counterfeiting enforcement and seizure of copyright-protected goods

DESIGNS

The world is encompassed by designed products, like cars, furniture, tools, furniture, jewelry, smartphones, fashion etc. Identifying and defending the singularity of a product is the goal of design protection.
In Germany and the EU designs can be registered for up to 25 years. We carry out research for our clients and register designs on the German, European and international level. More, we advise our clients with their negotiations and the exploitation of their design rights, be it trough license agreements or the sale of full design rights. Where our clients wish to enforce their design rights in relation to third parties, we defend them against attacks by others, charge to designs held by our client’s competitors in violation cases in court or out of court. New possibilities in relation of design protection delivers the unregistered European design protection.

  • Desgin lifecycling
  • Advising businesses in the development process of designs
  • Design application process for national, EU and international designs
  • National and international portfolio management, including clearance, prosecution, maintenance and overall strategy
  • Anti-counterfeiting advising and enforcement, including customs seizures
  • Litigation
  • Shielding against unauthorized and expensive pre-litigation proceedings brought by competitors

UNFAIR COMPETITION

Competition law describes the rules of fair play in the market. We assess our client’s advertising claims and slogans in relation to their lawfulness prior to their publication. Examples for violation of unfair competition law are misleading advertising or aggressive commercial practices. We also protect our clients in the pursuit of anti-competitive actions by competitors by means of out of court actions, like warning letters and court actions, like the filing of a preliminary injunction or action for cease and desist and damages. Examples are product counterfeiting or the offering of product copies harming our clients’ business reputation.

  • Assessing and providing of expert opinions in all areas of competition law
  • Advising with the implementation of advertising and marketing concepts
  • Legal assessment regarding marketing measures of competitors
  • Court and out of court enforcement in competition law matters
  • Trade libel

MEDIA & REPUTATION

We advise individuals and businesses in media and press law related issues be it as preliminary action before a publication or after an publication by means of injunction action, monetary damages, compensation and right to information.

  • Protection of privacy, personality of persons
  • Protection of reputation and goodwill of products and businesses
  • Protection against negative reports and media coverage
  • Protection against libel speech and slander
  • Removal of search-engine entries and search results
  • Deletion of reviews from online platforms such as Amazon, eBay and Facebook

DATAPROTECTION & CYBERSECURITY

Daniel counsels clients on their data security, data crisis and information management needs in Europe’s trickiest jurisdiction.

than that, we help clients take advantage of the ever-growing number of opportunities to make the most of their data, particularly when it comes to commercialising it compliantly.

Many of our partners have practised in this complex area since the 1990s and are recognised as leading practitioners in their respective jurisdictions by the legal directories. We spot nascent trends early and can help our clients adapt to new challenges and exploit fresh opportunities.The fact that many of our team also have in-house experience means we can offer lawyers and non-lawyers alike practical and pragmatic solutions.

We have the capacity to handle substantial and complex data protection and exploitation projects. Much of our data protection work involves working across borders, so you can expect a seamless international service. In fact, all of our clients trust us to help them find practical solutions for their pan-European and global projects.

 We advise on a wide variety of cybersecurity and privacy matters, including privacy audits, policies, and procedures; risk mitigation; data security and PCI compliance; GDPR compliance, CCPA compliance, employee privacy; record retention and electronic discovery; international and cross-border data transfer; data breach readiness, response and crisis management; and data privacy, security breach, CAN-SPAM Act, and TCPA issues.

 

 

 

Managing of data breaches

Communication with individuals whose data were compromised

Risk mitigation

 

 We advise on a wide variety of cybersecurity and privacy matters, including privacy audits, policies, and procedures; risk mitigation; data security and PCI compliance; GDPR compliance, CCPA compliance, employee privacy; record retention and electronic discovery; international and cross-border data transfer; data breach readiness, response and crisis management; and data privacy, security breach, CAN-SPAM Act, and TCPA issues.

Managing of data breaches

Communication with individuals whose data were compromised

Risk mitigation

Employee privacy

Data breach and cybercrime

Global data transfer solutions

Compliance with local privacy laws

Information governance and records management

INFORMATION TECHNOLOGY

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