2008

“Pontifex” will not be a trademark for beer

Publication date: 26/10/2010

11585 times read
 :: 7781 Votes  

Decision of BPatG (Federal Patent Court) of 23/04/2008, file number: 26 W (pat) 117/06

The name “Pontifex” cannot be registered as a trademark for beer. Since in an important number  of situations the name “Pontifex” is used with matters related with the pope, the use of the name as a beer brand would not only be a gross breach of taste, but also a could be offensive from the religious point of view.

Category: Trademark Law, Trademark Registration, Right to the Use of a Name, Entscheidungen

The right to one‘s own picture on film shoots

Publication date: 14/10/2009

17588 times read
 :: 11889 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 31/01/2008, file number: 27 O 1000/07

Basically every person can determine whether portraits from themselves can be used and published. This also concerns film shoots. Television broadcasting stations, which film people, must have the explicit approval from those people to emit the images. Even if these people tolerate the recording, it is not enough to emit the images if they do not give an explicit approval. In case that these images should be broadcasted anyway, the identity of the filmed people should be unrecognizable.

Category: Personality Right, Media Law, Broadcasting Law, Entscheidungen

Private wedding?

Publication date: 14/10/2009

20403 times read
 :: 13214 Votes  

Judgement of LG Köln (Regional Court Cologne) of 30/07/2008, file number: 28 O 148/08

A monetary indemnity of 15,000 € was assigned to the wife of a known television presenter due to the unjustified publication of the wedding ceremony on a magazine. The judges of the regional court Cologne explained the monetary indemnity with the fact that the plaintiff’s personality rights were considerably injured by the publication of the pictures. Pictures of the wedding, which she consciously planned excluding the public.

Category: Personality Right, Press Law, Photo Law, Media Law, Entscheidungen

Searching machines and links with abusive content

Publication date: 23/09/2009

18055 times read
 :: 10547 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 11/03/2009, file number: 7 U 35/07

Searching machines must omit certain sides with abusive contents if the respective cease and desist letter of the affected person is based on specifically complained statements. The merely desire of the affected person to omit such links is not enough.

Category: Internet Law, Link Liability, Provider Liability, Web Search Engine, Entscheidungen

Imprint duty for providers of internet portals with commercial classified ads

Publication date: 19/08/2009

86647 times read
 :: 24011 Votes  

Judgement of OLG Frankfurt am Main (Higher Regional Court Frankfurt/Main) of 23/10/2008, file number: 6 U 139/08

The provider of an internet portal for free anonymous classified ads is obliged to announce the name and address of the commercial suppliers. No big measures are necessary. It is enough to inform the supplier about the imprint duty before filling his ad in order not to infringe against the unfair competition law.

Category: Imprint, Duty to Inform, Unfair Competition Law, Internet Law, Liability, Provider Liability, Entscheidungen

Keywords only for brand owners?

Publication date: 23/07/2009

27465 times read
 :: 16008 Votes  

Decision of OGH (Austrian Supreme Court) of 20/05/2008, file number: 17 Ob 3/08b

Also the Austrian Supreme Court deals with the question whether the use of a brand as a Keyword in the advertisement on the hit lists of searching machines should be left to the trademark owner, the case has been presented to the European Court of Justice for a preliminary decision. Besides it is doubtful whether the danger of confusion could be excluded if the advertisement  is or is not performed in the hit list.

Category: Internet Law, Web Search Engine, Trademark Law, AdWords, Entscheidungen

Publication of the fax number means no approval for fax advertising

Publication date: 06/07/2009

31641 times read
 :: 16234 Votes  

Judgement of OLG Hamm (HRC Hamm) of 13/11/2008, file number: 4 U 150/08

If a company arranges a fax number, i.a. for the customer's contact and publishes on own homepage, no approval can be understood for the sending of advertisement by fax. Rather, strict demands should be made for the presentation of such an approval, this approval must be given before sending the concerning fax and just for the concrete case. Otherwise this kind of advertisement means an unfair competition misfeasance.

Category: Telecommunication law, Advertising Law, Unfair Competition Law, Bothersome Ads, Fax Advertising, Entscheidungen

Advertising phone calls just only if expressly approved

Publication date: 29/06/2009

22438 times read
 :: 14204 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 15/05/2008, file number: 14 O 61/08

When an approval clause is so formulated that within the storage and transmission of dates these are held for future telephonic application, such anticipated approval is inadmissible in the general terms and conditions. Therefore, the use of the storage data is to be valued for advertising phone calls as an unacceptable annoyance, provided that the explicit approval of that clause has not been given.

Category: Unfair Competition Law, Bothersome Ads, Gambling Law, Telephone Advertising, Advertising Law, Entscheidungen

Augsburger Puppenkiste (The Augsburg Puppet Theatre)

Publication date: 24/06/2009

16043 times read
 :: 10132 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: I ZR 200/06

The component "Puppenkiste" is in the company sign "Augsburger Puppenkiste" to label the marking of a puppet theatre originally weak sign and, therefore, without distinguishing characteristic to assert itself as a catchword-like advice to the company...

Category: Internet Law, Domain Law, Trademark Law, Company Labelling, Entscheidungen

No lotto in the customer service terminal

Publication date: 22/06/2009

13528 times read
 :: 8640 Votes  

Decision of OVG Lüneburg (Higher Administrative Court Lüneburg) of 12/09/2008, file number: 11 ME 476/07

The equipment of lottery offers on customer service terminals of savings banks is not allowed. Such an offer is a supplement of the distribution channel. By the introduction, the effects on the population must be examined and they must have been valued and the gambling treaty must be kept. The expansion of the availability on the customer service terminals contradicts the default that the bet possibility may not exist everywhere.

Category: Gambling Law, Consumer Law, Entscheidungen

T-Mobile - XtraPac

Publication date: 10/06/2009

19481 times read
 :: 13118 Votes  

Judgement of BGH (Federal Supreme Court) of 05/11/2008, file number: I ZR 5/06

If the sales of a mobile phone are promoted together with a prepaid card including a fix start credit, there is no obligation to state the rates for the use of the card, but the package price regarding the mobile phone and the prepaid card. If the mobile phone is locked with a SIM, the durability of the locking and the expenses in case of a premature connection should be made known.

Category: Telecommunication law, Consumer Law, Advertising Law, Unfair Competition Law, Price Quotation, Entscheidungen

Welcome to life

Publication date: 05/06/2009

9320 times read
 :: 6272 Votes  

Decision of BGH (Federal Supreme Court) of 04/12/2008, file number: I ZR 48/08

a) The registration of goods and services in the index can be limited concerning their content (here: Restriction of the registration of goods and services “picture and sound carrier, printer products, offering and mention stored information on a database” on certain areas).

b) The word result “welcome to life” is for goods and services “picture and sound carrier, printer products, offering and mention stored information on a database” has no distinctiveness, § 8 paragraph 2...

Category: Trademark Law, Entscheidungen

No payment claim in case of "cost traps" on the Internet without clear advice to monetary compensation

Publication date: 20/04/2009

15783 times read
 :: 10839 Votes  

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main) of 04/12/2008, file number 6 U 187/07

In case of the as “cost traps” known on the Internet, the supplier of the particular site has no right to payment against the user if no clear monetary compensation in the offer or on the web page is given, and a clear  payment duty is missed. The same applies particularly when the supplier of the site wants to deceive the user intentionally about the monetary compensation.

Category: Warning letter, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

Liability for Thumbnails in web search engines

Publication date: 14/04/2009

29774 times read
 :: 21871 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 26/09/2008, file number: 308 O 248/07

Holding copyright pictures ready as "thumbnails" in the database of a picture search engine means a publicly accessibility in terms of § 19a UrhG (Copyright Act), which is not covered by copyright regulations and for which the picture search engine operator is liable as offender.

Category: Internet Law, Liability, Web Search Engine, Copyright Law, Entscheidungen

Right to refund instead of right of withdrawal

Publication date: 25/03/2009

22259 times read
 :: 14196 Votes  

Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08

The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.

Category: Internet Law, eBay Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Entscheidungen

Liability for web search engines hits

Publication date: 25/03/2009

19895 times read
 :: 12562 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 08/07/2008, file number: 27 O 536/08

A web page operator has to provide for the fact that personality-abusive statements disappear completely from his Internet offer. Therefore he is also obliged to block any web search engine hits not to show them.

Category: Internet Law, Domain Law, Liability, Web Search Engine, Entscheidungen

Significant communicative device features for delusive advertisement

Publication date: 06/03/2009

15196 times read
 :: 10480 Votes  

Judgement of BGH (Federal Supreme Court) of 11/09/2008, file number: I ZR 58/06

Advertisement is delusive for the consumer when the average consumer is not able to gain essential information from the advertisement. The significant communicative device features shall be considered. In case of television commercials, the consumer should consider audio-, as well as video information. (§5 paragraph 2 clause 1 UWG – Fair Trade Law; article 7 paragraph 1 and 3 of the guideline 2005/29/EG about unfair business internships).

Category: Advertising Law, Unfair Competition Law, Pharmaceutical Law, Internet Law, Entscheidungen

Abusing of numerous similar treated warning letters

Publication date: 06/03/2009

9724 times read
 :: 5987 Votes  

Judgement of LG Bonn (Regional Court Bonn) of 03/01/2008, file number: 12 O 157/07

A small business acts abusive (§8 paragraph 4 UWG – Fair Trade Law) when pursues beyond its core areas numerous parallel legal proceedings as decisive plaintiff, which serve to generate the appearance of an immediate competitor in order to achieve other high incomes and most likely to take an interest in it. To prevent efficiently such an abuse, the decisive plaintiff meets himself the burden of proof. The abuse shall be officially checked. The prior presumption according to §12 UWG (Fair Trade Law) does not intervene for proper considerate reasons.

Category: Abmahnung Rechtsmissbrauch, Warning letter, Entscheidungen

Blameless liability of ebay account owners

Publication date: 02/03/2009

21159 times read
 :: 14116 Votes  

Decision of LG Hamburg (Regional Court Hamburg) of 22/09/2008, file number: 310 O 357/08

The unlicensed use of a photo (§72 UrhG - Copyright Act) on the Internet (here: ebay) is to be understood as a public available-making in terms of §19a UrhG (Copyright Act). An injunctive relief and removal claim of the right holder (§97 I UrhG - Copyright Acts) arises from it. The omission duty applies because of the supposed repetition risk to all still retrievable pictures which may be removed. For clearing the supposition it requires the release of a serious and adequately penal-reinforced undertaking to cease and desist. On this case, it does not depend on a...

Category: eBay Law, Photo Law, Copyright Law, Entscheidungen

A real bargain

Publication date: 02/03/2009

21384 times read
 :: 15407 Votes  

Judgement of AG München (Local Court Munich) of 09/05/2008, file number: 223 C 30401/07

The setting up of a sales offer in an Internet platform (here Ebay) is an active binding offer on conclusion of the purchase contract (§§145 and the following BGB - German Civil Code) to the highest bid and precisely not an auction (§156 BGB - German Civil Code). The double setting up of an article is not an obstacle for an effective declaration of intent, since a confidential reservation (§116 p. 1 BGB - German Civil Code) of the seller is given. Should the offer not correspond to the will of the setting up, a prompt rescission is likewise considered. We already...

Category: Internet Law, eBay Law, Entscheidungen
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