Christoph von Kupsch LL.M.

Christoph von Kupsch, an associate in Orrick's Berlin office, is a member of the European Litigation Group.  His practice focuses on all aspects of intellectual property law (e.g. trademark, patent and copyright law) as well as competition and media law. His main focus is on litigation (including proceedings before trademark offices), drafting and negotiation of contracts and non-litigious and strategic advice.  Mr. von Kupsch is a certified lawyer (Fachanwalt) for intellectual property law, which means that he has significant experience (a total of more than 80 IP-related cases in three years are the minimum requirement for certification) and in-depth knowledge of this area of the law, including continuous education.

Prior to joining Orrick in 2010, Mr. von Kupsch worked for Clifford Chance in Frankfurt/Main in the area of litigation and intellectual property.

The following is a representative selection of some of his cases.

Litigation:

• Representing a German manufacturer and distributor of clothing in numerous preliminary injunction proceedings against other manufacturers and retailers regarding misleading advertisement and wrong/misleading material specification.
• Representing the group of companies of a manufacturer and distributor of jewelry and luxury goods in preliminary injunction proceedings and main proceedings regarding infringement of trademarks and trade names; in this context, defense of client's trade marks in opposition and nullification proceedings and oppositions against trademarks of counter party.
• Representing a major cruise company in main proceedings regarding trademark infringement and abusive registration of a domain name.
• Representing the group of companies of a major supplier in the automotive industry against a sub-supplier regarding warranty claims due to substantial consequential harm caused by a defect of raw material for brake pads.
• Representing a client in an ad-hoc-arbitration between two major German companies regarding warranty claims involving €100 million dispute arising out of a real estate transaction.

Drafting and Negotiation of Agreements:

• Numerous license and transfer agreements related to trademarks, trade names, designs, patents, utility models, know-how, copyright and domain names, including, inter alia,  a license and transfer Agreement  that conclusively rules all IP aspects in connection with the sale of the Latin-American truck business of a major automotive company.
• Numerous distribution and agency agreements.
• Various cooperation and R&D agreements.
• Numerous prior rights agreements in trade mark matters.
• IP-related aspects of numerous IP security assignments and IP security pledges.
• IP-related aspects of employment contracts, in particular regarding know-how and patentable inventions.

Advice in Transactions:

• Provision of litigation- and IP-related advice in numerous due diligence transactions.

Other matters:

• Advice of all risk and strategic aspects in connection with national and international trade mark applications.
• General advice on the competition law aspects of advertising campaigns for a major U.S. golf company.
• Advice on competition and regulatory law aspects regarding enticement of employees and customers for a major Swiss bank.
• Representation of a major Swiss bank against various German broadcasters regarding damage claims and rights for counter statement and correction.
• Representing an automotive company against a magazine regarding copyright infringement.