Decision to transfer .eu-domain within ADR procedures may be irrelevant

Publication date: 18/07/2014

118 times read
 :: 48 Votes  

Judgement of OLG Stuttgart (Higher Regional Court Stuttgart) of 28/05/2014, file number: 2 U 147/13

In case that within an ADR procedure it will be decided on a .eu-domain transfer and a period of 30 days up to the notification of the decision will be set to introduce a corresponding action before a German civil court, the ADR decision will become ineffective. A claim regarding the transfer of the domain, or .eu-domain, cannot be pronounced since the owner of an identical name as the second-level-domain would be then better off than without the infringing activity. Especially at .eu-domains there is the possibility of a so-called dispute entry, from...

Category: Judgements, Entscheidungen, Internet Law, Domain Law, Trademark Law, Deutsche Marke, Company Labelling, Danger of Confusion

Radio Fantasy interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

2589 times read
 :: 1487 Votes  

Radio Fantasy interviews on March 19, 2013 certified lawyer Julian N. Modi LL.M. about bashing on the Internet.

Category: Internet Law, Internet Penal Law, Personality Right, social network service, Facebook, Twitter, Media Law, Äußerungsrecht, Press Law, Celebrities

Augsburger Allgemeine interviews certified lawyer Hagen Hild

Publication date: 11/03/2013

2505 times read
 :: 1408 Votes  

Augsburger Allgemeine interviews on March 8, 2013 certified lawyer Hagen Hild from lawfirm.biz – Law Firm Hild & Colleagues about the topic: „how to behave at online bashing".

Category: Internet Law, Internet Penal Law, Personality Right, lawfirm.biz intern, Interviews, Media Law, Äußerungsrecht, Celebrities, social network service, Facebook

Radio Gong 96,3 interviews certified lawyer Hagen Hild

Publication date: 11/02/2013

2321 times read
 :: 1500 Votes  

Radio Gong 96,3 interviews on February 6, 2013 certified lawyer Hagen Hild from lawfirm.biz – Law Firm Hild & Colleagues about the topic: „Will our mouth be taped up by the performing rights society when we whistle a licenced song?“.

Category: Internet Law, lawfirm.biz intern, Interviews, Media Law, Film Law, Music Law, Copyright Law

Bild interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 18/12/2012

2278 times read
 :: 1441 Votes  

Bild interviews certified lawyer Julian N. Modi LL.M. from lawfirm.biz – Law Firm Hild & Colleagues about the topic: „CD with recording of live concerts“.

Category: Entscheidungen, Judgements, Abmahnung Rechteinhaber, Internet Law, eBay Law, Media Law, Music Law, Celebrities, lawfirm.biz intern, Interviews

Berliner Kurier interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

36992 times read
 :: 4874 Votes  

Berliner Kurier interviews on November 15, 2012 certified lawyer Julian N. Modi, LL.M. about the decision of the Federal Supreme Court, file number I ZR 74/12, regarding the liability of parents regarding illegal file sharing of their minor children.

Category: Warning letter, Abmahnkosten, Abmahnung Rechteinhaber, Indemnity, Internet Law, File Sharing, Liability, Media Law, Music Law, lawfirm.biz intern

Unfair terms and conditions clauses - CHIP interviews certified lawyer Hagen Hild

Publication date: 10/02/2012

7923 times read
 :: 3355 Votes  

Do you really think that Apple, Facebook and 1&1 have nothing in common? They do – unfair terms and conditions clauses. CHIP has revealed together with lawyer Hagen Hild those cases.

Category: General Terms Law, Amazon, eBay Law, Long Distance Sales Act, Consumer Law, lawfirm.biz intern, Interviews, social network service, Facebook, Telecommunication law

Titelschutz Journal

Publication date: 08/02/2012

9956 times read
 :: 6839 Votes  

Dispatch on February 2, 2012 about the sentence of the Regional  Court Düsseldorf, file number: 4 O 137/97.

Category: Industrial Property Protection, Liability, Trademark Law, lawfirm.biz intern

Titelschutz Journal

Publication date: 08/02/2012

10406 times read
 :: 6478 Votes  

Dispatch on February 2, 2012 about the sentence of the Local Court Frankfurt /Main, file number: 30 C 1849/11-25.

Category: Internet Law, Procedural Law, Copyright Law, Abmahnung Verletzer, Photo Law, Press Law, Personality Right, lawfirm.biz intern

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

9706 times read
 :: 5085 Votes  

Certified lawyer Julian N. Modi, LL.M., supports Galileo – a popular science magazine on ProSieben – about the topic „Legal mistakes on the Internet".

Category: lawfirm.biz intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

Warning wave threats Facebook – FOCUS online interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

9156 times read
 :: 3482 Votes  

Decorating the own profile with photos, text and YouTube videos is something that happens every day on Favebook. The problem appears when the copyrights are not own by the facebook user who has just copied the internet contents. Even when a user is in principle owner of the rights and according to the terms of use, facebook is allowed to use the contents to a large extend. Lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property has been interviewed by FOCUS Online about that topic.

Category: Internet Law, lawfirm.biz intern, Interviews, social network service, Photo Law, Consumer Law, Data Protection, Facebook

Perfidiousness within online offers – Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

6230 times read
 :: 3888 Votes  

PayPal blocks against the sales within Kuba, Zalando obliges frequently returning buyers to pay in advance. Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property about that topic.

Category: Internet Law, General Terms Law, Power of Revocation, lawfirm.biz intern, Interviews, Law on Sales, Consumer Law, Long Distance Sales Act

1:0 for Apple: Samsung is not allowed to sell his “Samsung Galaxy Tab 10.1” within Germany

Publication date: 09/09/2011

3303 times read
 :: 2071 Votes  

Judgement of LG Düsseldorf (Regional Court Düsseldorf) of 09/08/2011, file number: 14c O 194/11

Im Geschmacksmuster-Rechtsstreit unterlag nun der Elektronikhersteller Samsung dem Computer-Riesen Apple. Gegenstand des Rechtsstreits war Samsungs Produkt "Samsung Galaxy Tab 10.1" - ein Tablet-PC, dessen Gestaltung dem Apple-Produkt "IPad 2" verblüffend ähnlich sieht. Dessen charakteristische Gestaltungsmerkmale hatte sich Apple im Wege eines Geschmacksmusters schützen lassen. Das Landgericht Düsseldorf untersagte dem Hersteller Samsung nun die Benutzung, insbesondere auch die Herstellung, das Anbieten und In-den-Verkehr-bringen, sowie die...

Category: Geschmacksmusterrecht, Industrial Property Protection, Internet Law, Judgements, Product Piracy, Entscheidungen

The latest rumour – the Financial Times Deutschland interviews lawyer Alexander Wagner

Publication date: 02/09/2011

4803 times read
 :: 2980 Votes  

Whispering in the stock market can bring the stock quotes to collapse in short time. News spread non-braked around the globe through Facebook, Twitter & Co. Is the person who started the rumour liable for the damages? Financial Times Deutschland interviews lawyer Alexander Wagner about the legal situation and liability of the ones who manifest an opinion and of the ones who repeat it.

Category: Liability, social network service, lawfirm.biz intern, Interviews, Indemnity, Media Law, Press Law

When neighbours connect themselves to the wireless of another – Klartext Magazin interviewed certified lawyer Hagen Hild about that topic

Publication date: 24/08/2011

5443 times read
 :: 3156 Votes  

In case that a WLAN is unencrypted, uninvited surfing the web cannot be avoided. The unobstructed access invites to use the open Wi-Fi. This surfing is legal and does not constitute a criminal offence, as long as it is confined to the mere surfing the Internet. However, it should be morally denunciated since whom secretly sneak, scrounges. However, in case of scrounging there is an important risk of unwanted guest such as viruses of malicious software.

Category: lawfirm.biz intern, Interviews, Internet Law, Data Protection, File Sharing, Consumer Law, Internet Penal Law

Assemble and removal costs regarding replacements of defective sales items must be paid by the seller

Publication date: 13/07/2011

10698 times read
 :: 3343 Votes  

Judgement of EuGH (European Court of Justice) of 16/06/2011, file number: C-65/09, C-87/09

In case that the consumer assembles a defective item in good faith in the efficiency for its intended purposes, the seller has to bear with the removal costs of the defective item and the costs of the installation of the replacement item as part of his guarantee obligation. In case that the caused costs have no relation to the value of a free of defects item, the liability of the seller may be limited to a reasonable amount.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Consumer Law, Top Decisions, Entscheidungen

Recent developments of Internet criminal law 1/2011 – part 1/3

Publication date: 04/07/2011

8551 times read
 :: 4346 Votes  

According to the recently published police criminal statistics of the year 2010, the number of the recorded crimes regarding computer and Internet criminality has continued to grow strongly. 60.000 cases have been known last year, 20 percent more than a year before. The estimated high number of unknown and not registered crimes should not be underestimated. The increasing number of criminals feel safe from the law within the supposedly anonymous “legal vacuum” Internet.

Category: Article, Internet Law, Internet Penal Law, Telecommunication law, General Terms Law, Data Protection, Consumer Law, Entscheidungen

Hotel owner is not liable for copyright infringement of his guests

Publication date: 04/07/2011

5256 times read
 :: 2142 Votes  

Judgement of LG Frankfurt / Main (Regional Court Frankfurt / Main) of 18/08/2010, file number: 2-6 S 19/09

The owner of a hotel who offers to his guests an encoded network that meets the statutory requirements cannot be held as responsible for copyright infringements caused by his guests. Due to the existing codification, which safeguards against copyright infringements by third parties, the owner does not meet any further duties.

Category: Warning letter, Internet Law, Liability, Copyright Law, Entscheidungen

Challenges to the legal conformities of a mobile website on the internet

Publication date: 08/06/2011

9340 times read
 :: 5836 Votes  

With the growing number of Smartphone users is also increasing the interest from companies to remain present in the mobile business. Applications for mobile phones - so-called apps - are already an important economic factor, which should not be underestimated. Through these apps, it is possible more than order rail tickets through mobile phones, full web pages are optimized for Smart phones including complete ordering processes. As in ecommerce, numerous statutory duties must be considered by those companies. 

Category: Internet Law, Imprint, Duty to Inform, M-Commerce, Telecommunication law, Unfair Competition Law, General Terms Law, Data Protection, Article, Entscheidungen

Harmful to minors versus artistic freedom

Publication date: 03/05/2011

4551 times read
 :: 2284 Votes  

Decision of VG Berlin (Administrative Court Berlin) of 16/12/2010, file number: 27 L 355.10

The operator of an Internet portal where erotic art is published in form of literature, pictures and video material, must protect it with a youth protection program or other arrangements, since young people can be affected in their personal development. This does not oppose to the artistic freedom but in case of a conflict between artistic freedom and protection of minors youth protection, the constitutional act should be followed.

Category: Internet Law, Youth Protection, Entscheidungen
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