Sebastian Fischoeder, LL.M. (Trinity College Dublin)

Sebastian is a passionate brand lawyer with more than 20 years of experience in trade mark, design, unfair competition and copyright law. He protects and defends all features of his client’s brands – in a broad sense – and their market position.

His practice stretches from short-notice, pragmatic advice over strategic brand advice, contractual negotiations and preliminary court actions to complex high-profile litigation. Sebastian Fischoeder gained particular expertise for unconventional trade marks, such as colour marks, shape marks or slogans, and in the field of legal consumer surveys. A further focus of his practice is design law.

Expertise

Services and Groups

Brands & advertising

Advertising & unfair competition

Brands

Sectors

Consumer & retail

Financial institutions & insurance

Logistics & transport

Trade Mark Litigation 101

This guide draws on our wide-ranging experience acting on some of the most significant trade mark disputes in recent years to provide a comprehensive overview of trade mark litigation across Europe and the UAE.

Access the guide

CV

Since 2019 Salary Partner, Taylor Wessing

2002 – 2019 Senior Counsel, Bird & Bird LLP, Düsseldorf

2002 Office of the Attorney General, Dublin, Ireland

Career

Since 2019 Salary Partner, Taylor Wessing

2002 – 2019 Senior Counsel, Bird & Bird LLP, Düsseldorf

2002 Office of the Attorney General, Dublin, Ireland

Education

2001 – 2002 Trinity College Dublin

2001 Second legal state examination, Bavaria

1999 First legal state examination, Bavaria

Publications

EU Design Law Reform: a welcomed bolstering of design protection – unfortunately with legislative flaws (in German), Op-Ed, GRUR 2024, 873

Light And Shadow in Recent Judgments of the Bundesgerichtshof on Colour Trade Marks, comment on Bundesgerichtshof “Goldhase III” and “NJW-Orange” (in German), GRUR (Gewerblicher Rechtsschutz und Urheberrecht) 2022 , 364

MARQUES’ Comments on the EU Commission’s Legal Review on Industrial Design Protection in Europe, position paper to the EU Commission (Co-Author), July 2018

Form and Colour (In German), IP Competence, Vol. 15, July 2016 (supplement to ÖBl.)

Design law chapters, in: Stöckel (ed.), Handbook Trade Mark Mark and Design Law (in German), 4th edition 2024, Erich Schmidt Verlag, Berlin

Consequences of Bad Faith Cease and Desist Letters under Unfair Competition and Copyright Law (in German), Comment on Bundesgerichtshof, judgment of 31 Ma 2012 – I ZR 106/10, K&R 2013, 192

Generic Use of Trade Marks in the Media – Claims of the Trade Mark Proprietor, GRUR 2004, 185-191 (together with Felix Hauck)

Memberships & Associations

MARQUES (Amicus Curiae Team, 2016-2021 Co-Chair Designs Team)
GRUR

Additional languages

Awards

JUVE 2024/2025

Featured

WirtschaftsWoche Ranking 2024

JUVE Handbook 2024/2025

Experience

World Trade Mark Review 2020

Sebastian Fischoeder is one of the practice’s rising stars. “Extremely knowledgeable, he can steer clients safely through highly complex lines of argument. Sebastian is becoming one of the country’s very top lawyers.”

Sebastian Fischoeder, LL.M. (Trinity College Dublin)

World Trade Mark Review 2019

Based in Düsseldorf, the "extremely knowledgeable" Fischoeder is an "excellent lawyer" who effectively pursues highly complex lines of arguments.

Sebastian Fischoeder, LL.M. (Trinity College Dublin)

World Trade Mark Review 2018

Leading Trademark Professional: The "extremely knowledgeable" Sebastian Fischoeder has become a beacon for brand owners wanting to secure their non-traditional marks: "‘he steers clients safely through highly complex disputes".

Sebastian Fischoeder, LL.M. (Trinity College Dublin)