Die Schnittstellen zwischen Marken- und Wettbewerbsrecht im Licht der neuen Markenfunktionen

In various significant decisions the ECJ has revitalized the trademark functions doctrine. The meaning and scope of a trademark had to be reassessed in the light of these decisions. The author tackles the question of how the renewed trademark functions effect the trademark law and if this aforementioned jurisdiction changes the interdependence of trademark and unfair competition law. Particular attention is paid to the right of comparative advertising and to the supplementary protection of related rights under competition law and to the implementation of the UCP-Directive by 5 para. 2 UWG. In the process the author illustrates the theoretical approaches and also considers the consequences for the current trademark protection. Ultimately, the author concludes that there is a wide consistancy of the claims arising from competition law and the claims arising from trademark law and thereby rejects the "Vorrangthese".