Firms To Watch: Intellectual property

Höhne, In der Maur & Partner Rechtsanwälte GmbH & Co KG‘s IP team advises clients on the registration of trade marks and designs, helping to protect them in Austria and across the EU.

Intellectual property in Austria

DORDA Rechtsanwälte GmbH

DORDA Rechtsanwälte GmbH offers clients specialist advice on complex IP matters, handling matters at the intersection of IP and IT law, with a strong focus on new and digital technologies. The practice group is particularly adept at handling both contentious and transactional copyright and trade mark matters, including representing clients in landmark cases before the ECJ. Unfair competition and social media law are further areas of strength for the group. Managing partner Axel Anderl is renowned for his expertise in software matters, advising on related copyright, trade mark and unfair competition matters. Andreas Seling assists clients with traditional trade mark issues, and clients also value Alexandra Ciarnau‘s knowledge of digital industries. At the associate level, Ida Woltran is recommended.

Practice head(s):

Axel Anderl


Other key lawyers:

Andreas Seling; Alexandra Ciarnau; Ida Woltran


Testimonials

‘Axel Anderl and his team are top market attorneys. They have the capacity not only to master their own legal agendas, but also to coordinate relevant legal areas with their peers.’

‘What is outstanding about the DORDA team we work with is their attitude towards the issues we are facing and also their proactive, forward-thinking on all of our legal topics. In any case we have ever faced they were always up-to-date on the current legislation and court decisions.’

‘The DORDA team is our main choice when it comes to challenging cases. They are well connected in Europe and work according to international standards, meaning that they do not provide old fashioned legal advice merely following law books, but also reflect business needs and trends. They are way ahead of domestic standards.’

‘Axel Anderl is my main contact and leader of the team. I have seen him establishing the practice group over the years. Driven by his passion, he inspired a lot of younger lawyers who now form a perfect team. No matter is too big or too small. Axel handles each and every case with the same respect and pragmatic approach. He is a senior statesman in his field.’

‘I work with Alexandra Ciarnau and Ida Woltran. Both are the same breed – quick in their thoughts, pragmatic and efficient. The same applies for Andreas Seling who does quite a lot of work for my firm, particularly when it comes to trademarks.’

‘Andreas Seling was very competent and pleasant. We were especially content with the preparatory brief as well as the negotiations that finished the dispute. The team was very quick in thinking themselves into the case and factual situation.’

‘Axel Anderl is an absolutely exceptional expert and I really value him and his work. I also want to mention Andreas Seling and Ida Woltran – they did perfect work for our company and it is always a pleasure to work with them.’

‘We started to work with Axel Anderl. He then introduced Andreas Seling and brought in further team members as needed. Of those, Ida Woltran stands out for her international trademark work and Alexandra Ciarnau for her IP advice. Andreas Seling is particularly strong when it comes to enforcement of claims. The team really makes things happen – they are extremely skilled and powerful.’

Key clients

Align Technology


Novartis Pharma Austria


GlaxoSmithKline


Actial Farmaceutica


Erwin Wurm


Herbert Brandl


Arcadia Live


FRoSTA


Willhaben


Styria Media Group


“Die Presse” Verlags-Gesellschaft m.b.H. Co KG


Sattler Group


Verbund


Waldquelle Kobersdorf


Amann Girrbach


woom


Strato


VIG – Vienna Insurance Group


Addiko Bank


FRANKSTAHL Rohr- und Stahlhandelsgesellschaft


Kommunalkredit Austria


NOVIS Versicherungs-AG


Rohrdorfer Gruppe


MTH Retail Group


Echosens


Enterprise Holdings


Esterhazy Betriebe


Mad & Wine


Wein & Co


Gurkerl.at GmbH


Gabor Shoes


LexisNexis Verlag ARD Orac


Billa AG


Work highlights


  • Ongoing management of woom’s global trade mark portfolio, including representation in various proceedings against copycats.
  • Represented Magenta in disputes concerning tariffs for OTT services and conventional broadcasting against collecting societies VGR and LSG.
  • Representing Varroc, as part of an international patent dispute, against French automotive supplier Valeo.

Gassauer-Fleissner Rechtsanwälte

Gassauer-Fleissner Rechtsanwälte is frequently instructed to act on complex IP transactions, supporting clients with the filing and management of their trade mark, patent and copyright portfolios, as well as drafting licence and coexistence agreements. The team is also frequently entrusted to take on major IP litigation, focusing in particular on patent and trade mark disputes. Pharmaceutical patent litigation is a notable area of strength for the practice, with Dominik Göbel advising a number of global players in the sector. Christian Gassauer-Fleissner Rechtsanwälte is a patent dispute and contract specialist, and an expert on the Trade Secrets Directive. Trademark prosecutions and matters pertaining to the USA are the domain of Manuel Wegrostek, who is admitted in New York.

Practice head(s):

Christian Gassauer-Fleissner; Dominik Göbel; Manuel Wegrostek


Other key lawyers:

Paul Reiter


Testimonials

‘I regard the team as the best choice for life science litigation on the originator side. They are highly experienced and have a real feel for how the courts think.’

‘Christian Gassauer-Fleissner is the go-to patent litigator on the market. Very savvy on which arguments work and don’t work.’

‘Dominik Göbel is extremely responsive and has garnered remarkable litigation experience throughout his career.’

Key clients

TTTech Group


Musikverein (“Society of the Friends of Music in Vienna”)


Austrian Mint (“Münze Österreich”)


Playbrush GmbH


LEVY Fertility Care


Njinn Technologies


Vienna Marketing & Energy Contracting


Consorzio del Prosciutto di San Daniele


Debonair Trading Internacional Lda


Palfinger AG


Delica AG


Licon mt GmbH & Co. KG


Philips


WeBandits GmbH


5Haus Media GmbH


KUKLA Lifestyle GmbH


Work highlights


  • Represented health start-up LEVY Fertility Care in a trade mark dispute, as well as advising on coexistence negotiations and re-branding.
  • Represented Austrian fashion brand KUKLA in a trade mark dispute with the German trade mark holder of KouCla.
  • Advised publisher 5Haus Media on multiple agreements, including one concerning 3D visualisation of environments in children’s books, as well as assisting with drafting of author-publisher agreements.

GEISTWERT

GEISTWERT‘s five-strong team comprising Constantin Kletzer, Juliane Messner, Max Mosing, Alexander Schnider and Rainer Schultes offers comprehensive IP services. On the contentious side, this includes representing clients in patent, trade mark and copyright matters before the Austrian and European courts and IP offices. The team is well versed in handling commercial IP matters, advising a number of household names on the management of their global IP portfolios and performing due diligence prior to corporate transactions or investments. Clients from sectors as diverse as the gaming, entertainment, and food and beverage industries routinely instruct the practice on complex IP issues.

Practice head(s):

Constantin Kletzer; Juliane Messner; Max Mosing; Alexander Schnider; Rainer Schultes


Testimonials

‘Max Mosing – he isn’t just a lawyer, but also understands the aspects beyond the legal stuff. It is tremendously helpful in negotiations.’

‘The GEISTWERT team is without any doubt the creme de la creme of IP in Austria: landmark cases, outstanding clients, including many state-owned and world leading companies from Austria, and they still take care of start-ups and smaller companies. Their teamwork is great and you can see that they really do have fun doing their job and going the extra mile.’

‘Juliane Messner is the “commercial wonder woman” in the GEISTWERT team.’

Key clients

Red Bull


Red Bull Media House


NOVOMATIC


Netflix


Warner Music Group


HUGO BOSS


Christian Louboutin


Ottakringer/Vöslauer


REWE Group


Milan Chamber of Arbitration


The Vienna Tourist Board


ABOUT YOU/OTTO Group


GRUNER + JAHR Publishing Group


SCOTT Sports


Mi’pu’mi Games GmbH


Peter Mayr


Blackshark.ai


LEWITT Audio


Work highlights


  • Advising Red Bull on all Austrian IP matters, particularly licensing, trade mark screening, coexistence agreements and infringements.
  • Advised the founders of blackshark.ai on investment round A, which raised $20m.
  • Advised a TV and streaming provider on the launch of its new streaming service in Austria.

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)‘s team assists clients with the full gamut of IP matters, advising clients on the management of their trade mark, patent and copyright portfolios, in addition to defending them before the Austrian and European courts. The practice is regularly instructed to draft IP licence and transfer agreements, while also working closely with the firm’s other practice groups to advise on the IP aspects of M&A transactions, data privacy and competition law. The practice’s leadership trio consists of Christian Schumacher, an experienced trade mark, copyright and unfair competition lawyer; Michael Woller, who advises on patents and trade marks; and Dominik Hofmarcher, specialises in handling non-traditional trade marks.

Practice head(s):

Michael Woller; Christian Schumacher; Dominik Hofmarcher


Testimonials

‘Reliable law firm with a lot of know-how in the field of trade mark law and a good reputation in Austria.’

‘Christian Schumacher is a very conscientious lawyer with a great deal of know-how and in-depth expertise. He has an overview of the national and European trademark situation and case law and is also creative with regard to potential solutions.’

‘Dominik Hofmarcher is a very capable lawyer and trademark attorney.’

‘The Schoenherr IP team are not only very seasoned experts in trademark questions and related litigation but they are also always up-to-date with the latest relevant decisions and case law across the EU. They are extremely flexible and excellent strategic thinkers who always have the business needs of the client on their mind.’

‘Christian Schumacher: excellent, fast-thinking adviser with outstanding capabilities to develop the most precise and convincing legal arguments.’

‘Dominik Hofmarcher: master of a wide range of litigation cases across approximately 20 jurisdictions. Never loses sight of the bigger picture and is precise and clear in his arguments. A most reliable partner in a complex case.’

‘The Schönherr law firm has been an advisor to our company for many years and can score points with its enormous expertise in all areas. The cooperation with the law firm is extremely pleasant, uncomplicated and very efficient. Due to the large number of experts from different fields, various topics can be assessed from several sides. All this definitely distinguishes Schönherr from other large law firms and I can only warmly recommend the firm.’

‘Christian Schumacher is a true expert in the field of intellectual property law. The cooperation with him is smooth and of the highest quality. In addition to his expertise, his flexibility and quick grasp of the law are particularly noteworthy. I also particularly appreciate his enormous practical relevance and his economic proposals for solutions. These are definitely qualities that set him apart from other colleagues in this industry.’

Key clients

Alpine Brands


Dominic Thiem


Albertina


Arineo


Biomay


BKS Bank


Brau Union Österreich AG


Chanel


Danone


Deutsche Telecom


Erste Bank


Gallup International Association


Institute of Science and Technology


Lallemand


Louis Vuitton Malletier


Microsoft


Octapharma


OMV AG


Power Horse Energy Drinks


S.Spitz


Samsung Group


STAMAG Stadlauer Malzfabrik


Uber


UNIQA Insurance Group AG


Schlumberger


A-Nobis Sektkellerei


derStandard


voestalpine Böhler Welding Group


Work highlights


  • Represented Uber in various unfair commercial practice proceedings brought by Taxi 40100 with respect to services in Vienna.
  • Represented an Austrian wine cask crafter in Austrian Supreme Court proceedings based on an EUTM counterclaim before the Commercial Court of Vienna.
  • Advising tennis player Dominic Thiem and his team on all merchandising and brand matters.

Schwarz Schönherr Rechtsanwälte OEG

IP boutique Schwarz Schönherr Rechtsanwälte OEG advises on the full spectrum of relevant matters, supporting a number of global brands with their trade mark, design, unfair competition, patent and copyright issues. The team is renowned for its litigation practice, spearheading a number of major IP disputes before the Austrian Supreme Court, including infringement cases and anti-counterfeiting claims for clients operating in the pharmaceutical, luxury goods and consumer goods spaces. The team is headed by trade mark litigator Georg Schönherr, who also handles unfair competition cases. Thomas Adocker handles Austrian and cross-border patent disputes, while Markus Grötschl leads on anti-counterfeiting matters and is regularly instructed on trade mark and design disputes.

Practice head(s):

Georg Schönherr


Other key lawyers:

Thomas Adocker; Markus Grötschl


Testimonials

‘Schwarz Schönherr are our preferred lawyers for any trademark matters in Austria. We receive very good and easy to understand assessments in a very short turnaround time. The advice we receive is always on point, not too short, not too long, and business-oriented. The team is available on short notice for urgent matters and also under pressure they provide great results.’

‘Georg Schönherr and Markus Grötschl provide efficient, business-oriented and successful support. We have had very good outcomes on the cases they handle and I trust in their abilities.’

Key clients

Accord Healthcare


A1


AIGLE


Almdudler


Ascott Hotels


Astro Lighting


A-Trust


Bullsone


Cassina


Christian Dior


DAF trucks


FALKE


Fashion One/Fashion TV international


Formula One


GANT


George Gina & Lucy


Giorgio Armani


Gucci


Head


Jack Wolfskin


J.A.N. Promotion


Lacoste


Longchamp


Louis Vuitton


MAN Truck & Bus


Metro


MIP Metro Group


Mischief Films


Moncler


Moose Knuckles


Norma


Novartis/Sandoz/Hexal


Puma


Rebloc


Salinen Austria


Samsung Electronics


Schweppes International


Sony


Starbucks Coffee


Tommy Hilfiger


TPA Steuerberatung


Wolf Theiss Rechtsanwälte GmbH & Co KG

Wolf Theiss Rechtsanwälte GmbH & Co KG is instructed by a number of global digital and social media brands in Austria and the EU, providing advice on IP matters ranging from trade marks to copyrights and unfair competition. The firm supports clients seeking to register IP rights and assists with the drafting of licence agreements, but is particularly well versed in contentious IP matters, representing clients before the Austrian and European courts in regard to complex IP disputes revolving around copyrights, image rights and patents. The team is led by Georg Kresbach, who specialises in advising digital clients on IP matters. Dual-qualified Maren Jergolla-Wagner's practice encompasses trade marks and is focused on the life sciences sector.

Practice head(s):

Georg Kresbach


Other key lawyers:

Maren Jergolla-Wagner


Testimonials

‘Georg Kresbach stands out for his pragmatic and solution-oriented approach. Impressive list of clients.’

‘Wolf Theiss is great to work with, giving proactive and clear advice. Fast processing and impressive availability. I really appreciate that they make an effort to adapt proposals to our needs and targets, no “template” suggestions.’

‘Georg Kresbach is great to collaborate with, I really appreciate his ability to pick up on our needs and tailor suggestions to fit this. In all, great to work with him and his team!’

Key clients

The Walt Disney Company


Meta Platforms


Apple


WhatsApp


Instagram


Twitter


Spotify


OBI


YouTube


Muse Electronics


Moderna


Advance Magazine Publishers (Vogue, GQ and Vanity Fair)


VakifBank International


YOURS Clothing


Sazerac Brands


Work highlights


  • Represented Facebook in civil proceedings before the CJEU and the Austrian Supreme court regarding the alleged infringement of the rights of the former leader of the Austrian Green Party.
  • Advised YouTube on its liability for the infringement of copyright-protected work caused by users uploading and monetising videos on its platform.
  • Advising OBI on a trade mark protection application before the Austrian Patent Office for the colour orange.

Binder Grösswang

Binder Grösswang‘s IP team is well versed in advising TMT clients on trade mark management, making use of the firm’s international network to support their global portfolios and assist with new applications. In addition, the practice group is active in guarding against potential infringers, monitoring numerous jurisdictions and acting against companies that seek to register trade marks similar to those of its clients. Head of IP Ivo Rungg advises on licensing and data protection matters, while Hellmut Buchroithner specialises in the protection and enforcement of IP rights, including trade mark infringements and counterfeiting. Michael Horak, promoted to partner in February 2023, is the team’s litigation specialist, frequently appearing before the Austrian Patent office and Supreme Court, as well as the EUIPO.

Practice head(s):

Ivo Rungg


Other key lawyers:

Hellmut Buchroithner; Michael Horak


Testimonials

‘Our main contact is Ivo Rungg, a brilliant attorney and negotiator, very analytical with a great sense for the needs of the company. He provides excellent legal advice and is very focused and hands-on.’

‘The IP team which is lead by Ivo Rungg is very experienced and responsive.’

‘Michael Horak has been very supportive, business-oriented and with a deep understanding of both the business and the IP perspective in our work together. Responsive and available.’

Key clients

LVMH Group


Harley-Davidson


BAWAG Group


ByteDance


Embracer Group


Lenzing


aneon


Capgemini


StubHub


THQ Nordic


Moser Holding


Hypo Vorarlberg Bank


Renault Österreich


Tiroler Glashütte


Academy of Motion Picture Arts and Sciences


Frey Wille


Springer Kommunaltechnik


KIA Austria


OVE Österreichischer Verband für Elektrotechnik


Zillertal Tourismus


Soundreef


Trodat


Kitzbühel Tourismus


Work highlights


  • Advising BAWAG, as global lead counsel, on the management and defence of its trade mark portfolio.
  • Advising ByteDance on IP-related matters in connection with new projects.
  • Advised the LVMH Group on action against counterfeiting and on issues relating to customs seizures.

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH is experienced in accompanying IP matters from their conception onwards, consequently assisting clients throughout the lifecycle of IP projects. The team advises clients on matters ranging from copyright, patent and trade mark applications to licences and transfers, in addition to protecting trade secrets. The practice group regularly pleads cases before the Austrian Supreme Court, handling claims of unfair competition and copyright infringement. Egon Engin-Deniz leads the team and specialises in representing clients from the healthcare and TMT sectors. Also noted are regulatory lawyer Gabriela Staber, trade mark expert Hans Lederer and Saskia Leopold, who focuses on copyright law.

Practice head(s):

Egon Engin-Deniz


Other key lawyers:

Gabriela Staber; Hans Lederer; Saskia Leopold


Testimonials

‘It’s a team of well experienced IP litigators who can often predict possible outcomes in court. They act quickly and give very practical advice. They use the most advanced technology research tools.’

‘Egon Engin-Deniz is excellent and very persuasive in court litigation matters. He is able to lead and coordinate cross-border litigation ranging from prosecutions to anti-counterfeiting work.’

‘Hans Lederer is a very good prosecution lawyer. He is a prosecution specialist and very approachable.’

‘The CMS team is very fast and easy-going. Even though we usually reach out to them months apart, they are always up-to-date with our complex questions.’

‘Gabriela Staber stands out.’

Key clients

Gallery Belvedere


Schrankerl


Glacier


Bioblo


Falco Privatstiftung


UEFA


Coty


F. Hoffmann-La Roche AG


Österreich Werbung


backaldrin International The Kornspitz Company GmbH


Johnson & Johnson


Unser Ö-Bonus Club GmbH


Syngenta


FIFA


GE Healthcare


Sky


Birkenstock


Rewe (Bipa, Billa, Billa Plus, Merkur, Delikatessa, Ja! Natürlich, Clever)


Universal Edition


Work highlights


  • Represented Coty in various trade mark, parallel import, and counterfeit proceedings before the Austrian courts.
  • Advising Falco Privatstiftung on all copyright and trade mark matters, as well as assisting with the licencing of its IP portfolio and personality rights to the movie production industry, musical theatres and NFT projects.
  • Advised the Belvedere Museum on structuring an NFT drop for Valentine’s Day in 2022.

Brauneis Rechtsanwälte

Brauneis Rechtsanwälte is frequently instructed on cross-border IP matters, advising Austrian and foreign clients across a broad range of IP issues, with a particular focus on trade marks. IP and unfair competition specialist Martin Reinisch‘s team assists its clients - often key players from the luxury goods and cosmetics sectors - with portfolio management, including applying for Austrian and EU IP protections and acting against infringers and counterfeiters across Europe.

Practice head(s):

Martin Reinisch


Testimonials

‘Martin Reinisch is very helpful and gives timely and to the point advice.’

‘BKP’s team is a real pleasure to work with; very practical and hands-on but at the same time very thorough where the legal matter is concerned.’

‘Never fails when it comes to giving the client and us the most relevant advice. Excellent firm.’

‘Martin Reinisch is outstanding as a trustworthy advisor.’

‘Martin Reinisch has been counselling us for many years in IP law and related issues. In particular, he also manages our trademarks that are protected in various countries, which works very smoothly due to his well-established network with selected IP firms not only throughout the CEE region but also in many other parts of the world.’

‘Martin Reinisch has very broad IP knowledge, advises us on all kinds of IP matters and sometimes even anticipates our needs before we are aware of them ourselves. We particularly enjoy the prompt responsiveness to our issues and questions, the fact that he and his team always find solutions to complex matters, and that all issues are handled focussing on what is economically sensible for our company.’

‘Martin Reinisch is our go-to person for IP and unfair competition matters in Austria. We appreciate his forward-thinking mindset and responsiveness. He proactively offers the best solutions for our clients.’

‘This team is excellent in time- and cost-efficient handling of counterfeit matters and they are strong in IP litigation.’

Key clients

Spirits International Group (SPI)


Shiseido (Beauté Prestige Intenational SA)


LIFE+


Quality Austria


Bacardi & Co Ltd.


Moët Hennessy Österreich GmbH


Choon’s Design LLC


CANNA International B.V.


Spruson & Ferguson (Hong Kong) Limited


Lalique Parfum SA


Ponti & Partners, SLP


Mani Bläuel GmbH


Work highlights


  • Representing SPI Group in a long-running court dispute regarding ownership of the Stolichnaya vodka trade mark.
  • Advising Quality Austria in various trade mark issues and other IP matters.
  • Advising Shiseido Group on anti-counterfeiting issues and other IP matters regarding its cosmetics brand.

E+H Rechtsanwälte GmbH

Clients appreciate E+H Rechtsanwälte GmbH‘s broad spectrum of competences, with the firm advising clients on trade marks, contracts and licenses, in addition to antitrust and data protection matters. Practice head Andreas Zellhofer‘s team is often instructed on contentious cases, acting for plaintiffs and defendants in trade mark infringement proceedings and unfair competition claims. Helmut Liebel is active at the crossroads between IP and IT law, assisting clients with trade mark, IT and data protection issues.

Practice head(s):

Andreas Zellhofer


Other key lawyers:

Helmut Liebel


Testimonials

‘They are experts at advising on all IP matters, and we have benefitted greatly from their input. It is clear that E+H is committed to being a leader in this area of law.’

‘Helmut Liebel’s strengths include his energetic commitment to excellence, his ability to manage complex matters with composure, and his astuteness for intellectual property law in general.’

‘The IP practice group at E+H is available 24/7. Moreover, they are great on IP and antitrust issues. Thus, the practice group is able to solve overarching problems much faster, more efficiently and thus more cost-effectively than any other law firm I know, because all the others do not have the corresponding skills in one team.’

‘Helmut Liebel is a great lawyer and a great guy. Although I know that he has many clients, I always feel like I am the #1 client. Swift replies and “on point” advice.’

Key clients

Microsoft


Immofinanz


Honda


BUWOG


Toyota


Wien Energie


öGIG


Megatech


Stark Group


Fachverband Fenster


Work highlights


  • Advised Microsoft on the lawful use of Office 365 cloud computing services for Austrian customers.
  • Advised Toyota on the unauthorised use of the Toyota trade mark by independent dealers and shops.
  • Advised Stark Group on the acquisition of Dach & Wand.

GRAF ISOLA

GRAF ISOLA focuses on IP litigation, representing in particular life sciences clients in disputes centred on patents, trade marks and copyright, both within Austria and at EU level, and is also active in the data protection and unfair competition spaces. Under the leadership of Claudia Csáky, the team is also regularly instructed on non-contentious matters, advising on patent and trade mark applications and coexistence agreements, in addition to issues concerning IP contracts.

Practice head(s):

Claudia Csáky


Testimonials

‘GRAF ISOLA offers a unique mix of 360 degrees of know-how and services.’

‘Claudia Csáky and her team are role models for handling IP-related problems and providing solutions. Claudia is very professional and a proactive partner beyond legal topics. GRAF ISOLA are foremost partners with core legal competences.’

‘Highly professional and knowledgable work in multiple fields of IP law. Very responsive!’

‘Claudia Csáky is really outstanding.’

Key clients

KTM Fahrrad GmbH


Daniel Wellington


LUKOIL International GmbH


Hubert Burda Media (Netdoktor.de GmbH)


VELUX Österreich GmbH


Ogilvy & Mather GmbH


Brokkoli Advertising Network GmbH & Co KG


Hofmeir Magnetics Ltd


Esterházy


J&A Garrigues, S.L.P. (Garrigues)


BIA Systems GmbH (Germany)


neckermann.at GmbH


CALIMEX GmbH


SOZIALBAU


Work highlights


  • Advised LUKOIL on a smear campaign it was faced with on a website which violated unfair competition law.
  • Represented Hofmeir Magnetics in a controversial trade mark application procedure before the EUIPO.
  • Advised the Esterházy group on a copyright matter relating to 49 sculptures erected on land belonging to Esterházy.

KWR Karasek Wietrzyk Rechtsanwälte GmbH

KWR Karasek Wietrzyk Rechtsanwälte GmbH assists clients with a range of IP work, including the drafting of licence, acquisition and joint venture agreements, while also taking on IP litigation. In the contentious space, the firm covers patent, copyright and trade mark protection and infringement cases, in addition to unfair competition matters and related trade secrets issues. Strategic IP work is a further pillar of the practice group, where it advises on the management of trade mark portfolios for clients. Barbara Kuchar leads the team, advising across the full spectrum of copyright, patent and trade mark matters.

Practice head(s):

Barbara Kuchar


Testimonials

‘Barbara Kuchar represented us in a very complicated dispute. In addition to extensive specialist knowledge, we were particularly impressed by the tactical approach and the extreme accuracy of our legal team.’

‘The KWR team consists of different core areas. This means that we were competently looked after in various legal areas.’

‘Our contact is Barbara Kuchar – she is not only available during normal office hours, but even during the holiday season, the accessibility and intensity of the research was and is excellent.’

Key clients

The Ritz Hotel Limited


Heidi Chocolat


Intersport Austria


De’ Longhi Kenwood


cargo-partner brand rights GmbH


Reckitt Benckiser


Apple


Ryanair


Earcandy Entertainment GmbH


Neurosocks GmbH


Work highlights


  • Represented Ryanair in court proceedings regarding the admissibility of certain clauses in terms and conditions.
  • Successfully defended an advertising claim used by the client, a large producer of hygiene and health products, on all of its product packaging.
  • Advised a client in the luxury goods sector about the new legal situation and the necessary changes to be implemented when operating its web-shop in light of upcoming changes to the law governing online marketplaces.

Wiltschek Plasser Rechtsanwälte

Wiltschek Plasser Rechtsanwälte is a boutique firm specialising in IP and unfair competition law, advising clients in the consumer goods and pharmaceutical sectors on matters pertaining to patent, trade mark and copyright protection. The practice is also involved in contentious work, supporting clients involved in IP infringement matters and advising on related issues, including antitrust matters such as the abuse of dominant positions. The highly experienced Lothar Wiltschek leads the team, which also includes recommended practitioner David Plasser.

Practice head(s):

Lothar Wiltschek; David Plasser


Work highlights


  • Represented a pharmaceutical client in litigation.
  • Advised a client on issues including whether off-label-use can be a patent infringement.
  • Representing a client in a case concerning evidence in the semiconductor field.

ABP Anwälte Burger & Partner Rechtsanwalt GmbH

The team at ABP Anwälte Burger & Partner Rechtsanwalt GmbH exclusively handles IP matters and supports clients across the region, with offices in Austria, Munich and Zurich. Under the leadership of Hannes Burger, Clemens Ofner, Katarina Ide, Esther Humpl-Wagner and Eike Schaper, the firm is able to handle both transactional and contentious patent, trade mark and copyright matters, in addition to issues around employee inventions and licensing contracts.

Practice head(s):

Hannes Burger; Clemens Ofner; Katarina Casals Ide; Esther Humpl-Wagner; Eike Schaper


Testimonials

‘Professional and friendly people, intense cooperation, agile and fast fulfilment of all actions.’

‘The team is very professional. Lean and agile individuals.’

‘The team is well structured, capable of responding to needs quickly and comprehensively. A particular strength is the ability to interact constructively and the will to achieve a good result.’

‘A very important aspect is collaboration, and they also guarantee clients an excellent service through their ability to listen as well as the ability to use multiple aspects of different disciplines.’

‘The firm offers a broad spectrum of services in the field of intellectual property protection, all combined in one firm. The internal communication between the different departments is very effective, which is very beneficial for the client. Everyone at this practice is very skilled in their topic, and they all have a deep understanding of the technical field they are dealing with.’

‘Katarina Casals Ide is professional, competent, client-oriented when drafting contracts, very flexible in terms of time and meets agreed deadlines.’

‘The team is very customer-oriented and supportive. Furthermore, all team members are always friendly and absolutely reliable.’

‘Always honest regarding options and which is most suitable for us – absolutely reliable – always ready to explain things in detail.’

Key clients

Tegometall International Sales GmbH


medmix Switzerland AG


Cerha Hempel

Cerha Hempel provides support on a range of IP matters, having strengthened its patents capacity in the past year through the acquisition of new clients in the life sciences sector, while continuing to stand out for its knowledge of food-related IP issues. The firm is active in administering trade mark portfolios and advises on IP licensing, the protection of trade secrets and the handling of employee inventions. Mark Krenn, who specialises in distribution and licensing agreements, heads the team.

Practice head(s):

Mark Krenn


Other key lawyers:

Alina Alavi Kia


Testimonials

‘Deep understanding of the company’s IP issues.’

‘Good understanding of the subject matter, fast responses to our requests.’

‘Alina Alavi Kia is immensely convincing with her expertise in trademark law. Practice-oriented solutions and legally sound advice, quick availability and uncomplicated communication are among her strengths.’

Key clients

McDonald’s Corporation


SPAR Österreichische Warenhandels-AG


LEAD Horizon GmbH


Michael Pachleitner Group


Polimaster Holding GmbH


Meero SAS


Work highlights


  • Administering McDonald’s Austrian trade mark portfolio, including conducting trade mark clearance searches for McDonald’s in relation to the Austrian market and new product launches.
  • Advising LEAD Horizon on multiple unfair competition and IP issues in relation to product marketing and advertising due to certain restriction of such measures within the healthcare sector.
  • Advising SPAR Austria in relation to food law, copyright, IT agreements and licensing, consumer protection, media law and unfair competition.

Herbst Kinsky Rechtsanwalte GmbH

Herbst Kinsky Rechtsanwalte GmbH is a go-to advisor for clients from the healthcare, pharmaceuticals and life sciences sectors, whom the firm advises on trade mark, copyright and licensing matters, in addition to Austrian advertising restrictions. The firm is a member of BIOLAW Europe, a network of firms which specialise in advising the healthcare and surrounding sectors. Working closely with the corporate and M&A team, the practice supports clients with the registration of IP claims and protection of existing copyrights, patents and trade marks against infringement attempts. Sonja Hebenstreit, who focuses on IP and IT, data protection, licensing issues and cases of unfair competition, leads the team.

Practice head(s):

Sonja Hebenstreit


Testimonials

‘Very good knowledge in the area of life sciences, very commercial approach.’

‘HK has a very quick, efficient and knowledgeable IP team which serves all our client’s needs when it comes to trademark clearance, prosecution and litigation. They are just fantastic!’

‘Sonja Hebestreit has been my contact for years. She is very responsive, friendly and an IP pro.’

‘We work with Sonja Hebenstreit, whose team always delivers good quality, on time and value for money.’

‘Sonja Hebenstreit is very responsive, makes sure that nothing falls between the cracks and very professional – a pleasure to work with.’

‘Herbst-Kinsky has a broad team in Vienna with experienced lawyers and also young up-and-comers, who approach problems very quickly and accurately as a team.’

‘We highly appreciate Herbst Kinsky’s excellent expertise and in-depth knowledge of IP matters, in particular in the field of know-how and software licensing matters. The team around Sonja Hebenstreit is smart, reliable and combines excellent legal knowledge with hands-on advice. Communication with the team is easy and the billing transparent and fair.’

‘Sonja Hebenstreit is a dedicated IP lawyer with extensive knowledge and experience in her field. She always provides high quality, concise advice and she is very pleasant to work with. I would recommend her without reservation.’

Key clients

Lifecare Essential GmbH


Speedinvest


imD Biotech GmbH


timebite Solutions GmbH


Seasy GmbH


Ribbon Biolabs GmbH


Refurbed GmbH


Delta4


Lifetree Asset Management GmbH


Quantro Therapeutics


Boritea GmbH


xRoad Media GmbH


Work highlights


  • Advised refurbed on its €45.5m Series B financing round, assisting with commercial, data protection, trade mark and unfair competition matters.

PENDL MAIR Attorneys at Law

PENDL MAIR Attorneys at Law is renowned for its trade mark expertise, supporting Austrian and foreign clients with trade mark applications and appeals after initial refusals, in addition to advising on rights licences and agreements. The practice group is also sought after for its skill at managing trade mark disputes, in which space it routinely handles cross-border infringement and unfair competition matters. Rudolf Pendl, Gerald Mair and newly promoted partner Sebastian Feurstein jointly lead the practice, focusing on trade mark strategies, enforcement and prosecutions.

Practice head(s):

Rudolf Pendl; Gerald Mair; Sebastian Feurstein


Testimonials

‘Besides offering a focused, driven and highly transparent handling of all kinds of issues, the firm is also a one-of-a-kind network. So whenever we have an issue which they cannot handle, they have always guided us to a lawyer from their network, which has helped us out. Therefore we highly recommend PENDL MAIR, as they solve issues on a global scale.’

‘We always worked with Rudolf Pendl and what distinguishes him is that he considers his clients as his own company. He handles your issues with care, aiming for the best possible outcome. Having a lawyer like him by your side takes away a lot of problems, as they are solved in the best way possible!’

‘PENDL MAIR handles our whole trademark portfolio worldwide and all IP infringement cases. We appreciate the professional and efficient work of the law firm. It is important for us that we work with a law firm that not only has a broad IP knowledge, but also a lot of experience.’

Key clients

voestalpine High Performance Metals GmbH + affiliated companies


HOERBIGER Group


SWARCO AG


Regionalmedien Austria AG


LightCyde New Media Solutions GmbH


Lemberona Handels GmbH


The Movement IP B.V.


Towern3000 Projekt und Medienagentur GmbH


DPM Holzdesign GmbH


WWP Weirather – Wenzel & Partner GmbH


AQUA POWER Wasservitalisierungsgeräte GmbH


M.J.Gonzales GmbH


SignTime GmbH


Carl Suchy & Söhne AG


University of Music and Performing Arts, Vienna (mdw)


Austrian Chamber of Commerce (WKO)


Work highlights


  • Managing voestalpine Group’s global trade mark portfolio, comprising around 620 trade marks, including advising on preliminary refusals for several important trade marks in China and Turkey.
  • Managing of the international trade mark portfolio of the Hoerbiger Group, including representation in around 20 cases pending worldwide.
  • Managing the international trade mark portfolio of SWARCO, including advising on several objections and oppositions, as well as acting in infringement of trade marks, copyright and unfair competition cases worldwide.

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

A diverse spectrum of clients, ranging from automotive to retail companies, instructs the team at Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) to handle a range of transactional and contentious IP matters. The firm frequently handles trade mark and patent applications in Austria and the EU for foreign and domestic clients, and is also regularly mandated to enforce IP rights before the courts. The firm is also involved in specialist areas such as the misuse of domain names and online data protection. The team is jointly led by Maximilian Gumpoldsberger, Reinhard Paulitsch and Michael Pachinger.

Practice head(s):

Maximilian Gumpoldsberger; Reinhard Paulitsch; Michael Pachinger


Testimonials

‘One of the most professional firms we have worked with. A lot of experience, know-how and a great international network.’

‘We work with Michael Pachinger – very professional, reliable and empathic.’

Key clients

SIA Social Impact gemeinnützige GmbH (“SIA Social Impact”)


GRT Spedition & Logistik GmbH


Matchmaker Sports GmbH


Work highlights


  • Advised SIA Social Impact on the acquisition and management of the Vienna University of Economics and Businesses Union trade mark social impact award.
  • Advising a major Austrian retailer on management of its brand portfolio, as well as representing the client in contentious trade mark proceedings.
  • Advised a US-based IT company on the IP licensing aspects of a new application.

Taylor Wessing enwc Rechtsanwälte GmbH

The IP team at Taylor Wessing enwc Rechtsanwälte GmbH is able to support clients in a broad range of IP matters, both commercial and litigious, and advises on a number of specialist areas, including art, video game, gambling and biotechnology law. Practice head Martin Prohaska-Marchried focuses on trade mark and copyright infringement, in addition to unfair competition. Dieter Natlacen is an arbitration and licensing specialist with strong ties to the Italian market, while Andreas Schütz is experienced in handling IP matters pertaining to the IT sector.

Practice head(s):

Martin Prohaska-Marchried


Other key lawyers:

Dieter Natlacen; Andreas Schütz


Key clients

Candy Connection Foods


Vetter Slovakia spol s.r.o


Daibau doo


Srysty Holdings Inc


Innerio Heat Exchanger GmbH


Rupert Fertinger GmbH


Reuters News Agency


cdb-sales KG


Storch Malerwerkzeuge & Profigeräte GmbH


Eisbär Sportmoden GmbH – a group company of Tyrol Equity AG


Österreichischer Handelsverband (Austrian Trade Association)


Vamed Engineering GmbH


Tyrol Equity AG


Société des Produits Nestlé S.A.


ÖAMTC (Austrian Automobile, Motorcycle and Touring Club)


Heinzel Group


ADEG Österreich Handelsaktiengesellschaft


Wiener Sängerknaben (Vienna Boys Choir)


Bergverlag Rother GmbH


Weingut Stift Klosterneuburg


Europapier Austria GmbH (Part of Heinzel Group)


Develey Senf & Feinkost GmbH


Develey Holding GmbH & Co Beteiligungs KG


Mautner Markhof Feinkost GmbH


Zellstoff Pöls AG (Part of Heinzel Group)


Laakirchen Papier AG (Part of Heinzel Group)


Great Lengths Haarvertriebs GmbH


Eternit Österreich GmbH


Cyberport GmbH


Also Austria GmbH


Fronius International GmbH


Österreichische Apotheker-Verlagsgesellschaft m.b.H.


Angelini Pharma


NADA – Nationale Anti-Doping Agentur Austria GmbH


NIKE European Operations Netherlands B.V.


Neudoerfler Office Systems GmbH


Tyrol Equity AG


Vorwerk Austria GmbH & Co KG


Haberkorn GmbH


NEW WORK AUSTRIA XING kununu Prescreen GmbH


Nespresso Österreich GmbH & Co OHG


DLA Piper Weiss-Tessbach Rechtsanwälte GmbH

DLA Piper Weiss-Tessbach Rechtsanwälte GmbH handles a range of commercial and litigious IP matters, including advising on the filing and protection of all relevant IP rights, on behalf of clients ranging from the consumer goods industry to the gaming sector. The team, led by Sabine Fehringer, offers a dedicated trade mark filing and administration department, and is also able to support clients with issues regarding copyrights, patents, unfair competition and licensing agreements.

Practice head(s):

Sabine Fehringer


Other key lawyers:

Veronika Appl


Testimonials

‘Excellent communication, quick response times, profound life sciences knowledge, experience in licensing transactions.’

‘Fastest response times compared to others.’

Key clients

ART for ART Theaterservice GmbH


Marinomed Biotech AG


Jank Weiler Operenyi

Jank Weiler Operenyi has expertise in litigious and transactional IP matters, often being instructed to handle IP issues in conjunction with due diligence, acquisitions and separations. Under the leadership of Sascha Jung, the firm regularly assists media, film, entertainment and luxury goods clients. Senior managing associate Christian Kern joined the firm from Preslmayr Rechtsanwälte OG in March 2022, working on IP and data privacy matters.

Practice head(s):

Sascha Jung


Other key lawyers:

Christian Kern


Key clients

ARISTRA AG


Blautöne Media GmbH


BUWOG Holding GmbH


Deloitte Austria


DOR Film Produktionsgesellschaft m.b.H.


E&a Film GmbH


Exploreal Future GmbH


Gaulme S.A.S.


Johnson & Johnson


Mini Film ProKids-Kulturverein Filmproduktions KG


NGEN Smart Grid Systems GmbH


Österreichische Bischofskonferenz


Pharma Time Verlags GmbH


PUIG Deutschland GmbH


PUIG France SA


RUNE AUGE Breitbandbeteiligungs GmbH


Sage GmbH


SPIEGEL-Verlag Rudolf Augstein GmbH & Co. KG


TwoNext GmbH & Alles Clara Verein


Verband Angestellter Apotheker Österreichs


Work highlights


  • Advised Two Next & Alles Clara Verein on building up a mobile consultation app to be rolled out nationwide, including drafting all IP contracts.
  • Representing SPIEGEL-Verlag Rudolf Augstein in all IP, media and unfair competition cases, most notably in a copyright and media infringement case against a competing Austrian online news portal.
  • Represented NGEN Smart Grid Systems in a cross-border IP infringement case, providing several copyright and IT opinions, filing numerous trade mark applications and assessing technical measures and patentable software solutions.

EY Law - Pelzmann Gall Größ Rechtsanwälte GmbH

EY Law - Pelzmann Gall Größ Rechtsanwälte GmbH specialises in advising on trade marks and copyright in relation to new technologies, and is particularly noted for advising clients on IP issues in relation to cryptocurrency assets, NFTs, blockchain and AI. The team, led by Martin Hanzl, is also active in the traditional IP space, handling national and international trade mark registrations, in addition to appearing before Austrian courts and the EUIPO.

Practice head(s):

Martin Hanzl


Other key lawyers:

Marie Winter


Testimonials

‘Very good, responsive and young team of attorneys that helped us with classic IP topics as well as with new tech related topics. New tech is definitely what the practice group is best known for in Austria and is, probably, the leading practice in Austria for dealing with new technologies.’

‘Martin Hanzl is the leading expert for all questions related to new technologies and IP/IT Law. He is very well recognised in Austria and Europe. We really enjoy working together with Martin as he is super responsive, brings huge knowledge to the table and is great at negotiating fair terms. He even helped us with negotiating a deal that otherwise almost fell through.’

‘One of the leading practice groups in the context of new technologies and IP/IT law in Austria. The team consists of young, super focused attorneys that really understand the business of fintechs and are currently working with all major fintechs in Austria.’

‘Martin Hanzl was one of the first attorneys in Austria that focused on blockchain and crypto. He is well recognised throughout Europe and participates in (or heads) several working groups on blockchain-related matters. Martin is definitely an attorney you can go to, if you need prompt, pragmatic and high-profile advice in IT/IP related matters.’

‘Marie Winter is part of the new tech team and is the consumer protection specialist there. We consulted her on several tricky topics, and she always supported us with super helpful advice.’

‘Martin Hanzl is an exceptionally motivated lawyer and, in terms of crypto assets and virtual currencies, he is a person who actually uses and understands these technologies. The legal output is flawless – balancing the risk-friendly mentality of a young company while highlighting potential legal pitfalls.’

‘Martin Hanzl’s expertise in crypto – definitely a rare find.’

‘They are friendly in a real and not just forced manner and tell you the truth, even if you may not want to hear it. Martin Hanzl manages to create a relaxed but very productive atmosphere.’

Key clients

Bitpanda GmbH


Blockpit AG


“Coinpanion” (SmartBytes GmbH)


LimeWire GmbH


FOMO GmbH


Bundesforschungsinstitut für Wald (BFW) (UBO Republic of Austria)


Dishtracker GmbH


black.com GmbH


black:crypto GmbH


Gravitrade GmbH


TMIA GmbH


Work highlights


  • Advised Bitpanda on multiple highly specific IP-related issues, as well as assisting with the legal qualification of crypto assets.
  • Advised LimeWire on multiple national and international trade mark applications, as well as on copyright issues concerning NFTs.
  • Advised SmartBytes on an infringement of its IP rights and trade marks by a third party and took successful action against the infringers.