Askan Deutsch
LL.M. (St. Louis Univ.)
Lawyer / Partner
  • Specialist Lawyer for Industrial Property Law
  • Attorney at Law, New York/USA
Große Theaterstraße 31
20354 Hamburg

Askan Deutsch advises and represents clients from Germany and abroad in all matters of intellectual property law. In particular, he has many years of experience in the field of competition, trademark, design and copyright law, including domain law as well as patent, utility model, IT and data protection law. He advises companies on the development of a trademark strategy, the design of advertising measures and websites, and the enforcement and defence of preliminary injunction and legal proceedings, as well as official proceedings before the German Patent and Trade Mark Office (DPMA), German Federal Patent Court (BPatG), European Union Intellectual Property Office (EUIPO) and Court of Justice of the European Union (CJEU). Deutsch also practises before the United States Patent and Trademark Office (USPTO) as a licensed attorney in New York. In addition, he advises on advertising, copyright and IT law matters, as well as the drafting of contracts and general terms and conditions and related areas. Deutsch has continuously expanded his cross-industry expertise over the years – by advising and representing companies from Germany and abroad (including the Netherlands, Switzerland, the UK and the USA) in various industries: insurance, finance, pharmaceuticals, TV/entertainment, flight portals, cosmetics, fashion/clothing, watches/jewellery, tobacco, sports, leisure, chemicals and retail. Various judgements on proceedings he was involved in have been published in major specialist journals. He regularly gives lectures and publishes specialist articles.

  • Expertise
    • Distribution and franchising law

      In the area of distribution and franchising law, FPS advises both authorised dealers, such as major car distributors, as well as car manufacturers. We also assist brand manufacturers in the luxury goods, fashion and food segments as well as in the restaurant, hotel and retail sectors. We draft contracts for both franchisers and franchisees. FPS has excellent industry contacts and provides support for foreign franchise systems on the German market.

    • IP litigation

      Representing clients in infringement proceedings has always been a key area of expertise at FPS. For decades, notable rights holders have entrusted the judicial assertion of their rights to the experienced FPS lawyers. FPS is often involved in the investigation of infringement cases as well as the inspection and preservation of evidence in advance. We also support our clients in border seizure cases. Representation is provided in all areas of IP law before the relevant courts and agencies.

    • Media/press law

      Media law regulates the use, distribution and production of media content such as radio, television, print media and online media. Press law is a part of this and deals with framework conditions of the press, including freedom of the press, editorial independence, personal rights, media liability and the right of reply. FPS advises media companies on legal matters relating to freedom of expression, including advice on media content and legal representation in proceedings involving the right of reply, injunctive relief and compensation for damages. We possess industry knowledge and offer advice on typical media contracts, cross-media collaborations and freelance authors. We also support Internet platforms in the areas of copyright, consumer protection and data protection. In the event of online legal violations, we successfully cooperate with law enforcement agencies.

    • Sports law

      Sport is a global growth market with a considerable volume of sales. FPS possesses wide-ranging expertise and experience in matters concerning the protection and exploitation of valuable marketing rights (through shirt or perimeter advertising, for example) and in the field of sports sponsorship and the marketing of sporting events. We advise clubs, sponsors, sports rights marketers and event organisers, but also individual athletes, player agents and coaches. The focus here is on providing legal advice on corporate, tax, licensing and contract law matters, with a particular focus on sport-specific aspects. FPS also offers interdisciplinary advice and legal project management for large-scale projects such as the construction or conversion of stadiums and arenas (including in the field of public procurement law), the corporate structuring of sports clubs and other contractual arrangements.

    • Pharmaceutical advertising law

      FPS has been advising medium-sized and larger pharmaceutical and medical device manufacturers on advertising issues for a number of years, assessing advertisements, websites, brochures, giveaways and other promotional material, for example, and addressing the associated issues of the admissibility or misleading nature of information featured in scientific statements, among other things, in the light of the Health Services and Products Advertising Act (HWG) and the Act Against Unfair Competition (UWG). In this field, FPS represents manufacturers in out-of-court processes involving competitors and competition associations and especially in disputes before the civil courts.

    • IT contract law / outsourcing

      FPS advises in all areas of IT contract law. Whether clients need support in drafting and negotiating IT project contracts, designing and running outsourcing projects or making use of cloud services – we are on hand to help with our experts. In addition to many years of experience in advising a wide range of industries and companies of all sizes, our team has a real technical affinity and a special degree of creativity. This gives us a good technical understanding of our clients’ concerns and business models and enables us to find the best solution for them. Our services include drafting and negotiating IT project contracts (agile, classic, managed services, new business models), outsourcing contracts, service descriptions, service level agreements and pricing plans, and helping clients to prepare for due diligence processes, vendor conferences and on-site visits. We also oversee project and system integration measures as well as hardware and software maintenance and draft licensing, escrow and distribution agreements.

    • IT litigation / mediation

      In many cases, carefully drawn-up project contracts protect the parties from disputes. Due to the content and complexity of IT projects, however, disputes cannot be completely ruled out. We help our clients to get troubled projects back on track by finding sensible solutions. If necessary, we also support them when asserting their rights (judicially) or defending against claims.

    Language skills

    German English French
  • Education
    since 2013Partner at FPS 
    2008Certified Specialist Lawyer for IP Law
    since 2007Lawyer at FPS 
    2002–2007Lawyer at Uexküll & Stolberg, Hamburg – Patentanwaltskanzlei
    2002Admission to practise law in Germany 
    2002Second state law exam
    2001Attorney at Law, New York, USA
    2000–2001LLM at St. Louis University, USA
    1998First state law exam
  • Memberships
  • Publications
    Askan Deutsch
    Puma’s registered Community design invalidated due to prior social media disclosure by Rihanna
    WTR World Trademark Review,

    This article first appeared in WTR Daily, part of World Trademark Review, in (03/2024). For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    General Court rebukes Board of Appeal in LABKABLE opposition
    WTR World Trademark Review / WTR Daily,

    This article first appeared in WTR Daily, part of World Trademark Review, in 02/2024. For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    EUIPO: third-party second-hand sale of Testarossa automobiles does not constitute genuine trademark use
    WTR World Trademark Review / WTR Daily,

    This article first appeared in WTR Daily, part of World Trademark Review, in 10/2023. For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    General Court: EMMENTALER is not registrable as a trademark for cheese
    WTR World Trademark Review / WTR Daily,

    This article first appeared in WTR Daily, part of World Trademark Review, in 06/2023. For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    General Court ends likelihood of confusion between SFR SPORT 1 and SPORT1 for certain services
    WTR World Trademark Review / WTR Daily,

    This article first appeared in WTR Daily, part of World Trademark Review, in 03/2023. For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    Non-use revocation action against STEAM for “beer” unsuccessful
    WTR World Trademark Review / WTR Daily,

    This article first appeared in WTR Daily, part of World Trademark Review, in 08/2022. For further information, please go to www.worldtrademarkreview.com.

    Askan Deutsch
    Kein uneingeschränktes Umbuchungsrecht bei coronabedingter Flugannullierung
    GRUR-Prax, , S. 392
  • What others say

    "Internationally well connected"
    (competitor, JUVE Handbook 2023/2024 | Trademark, Design and Competition Law)

    "Experienced competition lawyer, pleasant to deal with" 
    (competitor, JUVE Handbook 2023/2024 | Trademark, Design and Competition Law)

Awards

JUVE Handbuch Recommended for Trademark, Design and Competition Law
since 2016
The Legal 500 Recommended for Intellectual Property
2024 | 2023 | 2022 | 2021
Best Lawyers | Handelsblatt Leading Expert for Intellectual Property
2023 | 2022 | 2021 | 2020 | 2019
INTA International Trademark Association Recognized as Rising Star
2022 - 2023