When companies operating in the same industry use the same company name, it may lead to confusions in legal transactions. However, the injunctive relief against confusingly similar designations cannot be applied if the claim opponent is allowed to carry the company name. Instead of applying the priority principle, § 23(1) of the German Trademark law is applied. Due to a revision of the regulation of article 14 DIRECTIVE (EU) 2015/2436 of the European Parliament, the application of § 23 of the German Trademark law is endangered. Therefore, Marie Sophie Arendt proposes an amendment of § 23(1) of the German trademark law in order to solve conflicts with identical company names in the interest of the parties.