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Lawyer J�rg Kh�ber is Master of Laws (LL.M.)

We are proud to announce that the lawyer J�rg Kh�ber has been awarded with the academic degree of a Master of Laws (LL.M.) after successfully completing the intellectual property master program of the Centre for Intellectual Property (CIP) at the Heinrich-Heine University in D�sseldorf. The kanzlei.biz team congratulates him!

Lawyer Kilian Besler is Master of Laws (LL.M.)

We are proud to announce that the lawyer Kilian Besler has been awarded with the academic degrees of �IT-Law and Intellectual Property� Master of Laws (LL.M.) as well as �Information and Communication Technology� Master of Laws (LL.M.) after successfully participation in the European Legal Informatics Study Programme (EULISP) at the Lebniz University in Hannover. The kanzlei.biz team congratulates him!

�Medical foot care� exclusively for podiatrists

Decision of OVG NRW (Higher Administrative Court NRW) of 02/08/2011, file number: 13 B 1659/10

Advertising with medical foot care is reserved only for podiatrists. A masseuse who advertises with such service acts anti-competitively if he has no formation as podiatrist. The layman cannot identify this service only as part of the work of the masseuse but expects a special qualification within the range of the foot care. Such advertising represents a misleading...

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

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...

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

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.

Copyright protection for educational games

Press release No 93/2011 of the Supreme Court dated 01/06/2011, file number: I ZR 140/09

In order to learn about copyright protection, creative services must reach so-called original authorship. The Supreme Court has informed that also educational games have the required authorship and may be protected as an interpretation of scientific nature. Only the form of that interpretation would be taken into account, not the content of the learning game.

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

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...

Advertising slogan, "In real cinemas you're never in the wrong movie" is not be registered

Decision of BPatG (Federal Patent Court) of 29/03/2011, file number 27 W (pat) 574/10 The words " Im richtigen Kino bist Du nie im falschen Film� (German for: �In real cinemas you're never in the wrong film�) configure a sentence understandable in common language, which indicates a quality promise. The word order is not concise enough, neither has an ambiguity able to be protected. Thus, any distinctive character is missing.Judgement of BGH (Supreme Court) of 01/12/2010, file number: I ZR 55/08

A dentist who makes on an Internet platform a counteroffer to the colleague�s treatment and cost plan that the patient has published there, is not contrary to the question of fairness of the legal profession either to the professional standards. In case that this dentist makes a treatment contract with the patient and he pays a part of his fee in return for the use of the virtual...

�Advertising material and flat rental fee� of a car dealer

Judgement of BGH (Supreme Court) of 13/01/2011, file number: III ZR 78/10

If a vehicle owner commissioned a car dealer for a commission with the sale of his vehicle, he must not pay an additional fee for the allocation and advertising of the vehicle. A contractual agreement to that effect is invalid, since it disadvantages the contractor unreasonably. He does not receive anything in return, the expenses for the successful presentation serve the interest of the...

Satirical site concerning own employer is not a reason for dismissal

Judgement of LAG M�nchen (Higher Labour Court Munich) of 26/08/2010, file number: 4 Sa 227/10 Provided that an employee creates a satire site based on the basic division of the former website of his employer and whose origin can only be identified by insiders, an extraordinary dismissal is not allowed. Even with remarkable audacity, lack of design imagination and lack of awareness of potential risks of defamation during the creation of the satire, this...

Price comparison is not unfair comparative advertising

Judgement of LG Hamburg (Regional Court Hamburg) of 04/08/2009, file number: 312 O 365/09 Comparative advertising is a legitimate instrument to inform the consumers about the benefits of the advertised product. The reference to distinctive marks of a competitor, such a price comparison, is allowed provided that the stated facts are objectively traceable and the information is possible to verify.

Advertising the activation of �fat-eater� hormones without any scientific background

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/11/2010, file number: I-4 U 88/10

It is illegal to advertise with the effect of food that does not join the current scientific knowledge or which proof is not scientifically provided. Thus, the advertising of capsules that are supposedly �fat-eaters� stimulating the body�s own slimming hormone without providing any study proof is misleading. In particular, consumers who suffer from their obesity are...

Prohibition of chargeable poker games on the Internet

Decision of VG Wiesbaden (Administrative Court Wiesbaden) of 12/08/2010, file number: 5 L 142/10.WI

Public gambling is not allowed in Germany without the competent authority�s permission. Since poker is to be considered as gambling in accordance with the majority view, the organizing of chargeable poker games on the Internet is forbidden and falls within the scope of the gambling treaty and the gambling laws of the country. The parties concerned should decide...

�Kaffeer�sterei Freiburg� cannot be protected

Decision of BPatG (Federal Patent Court) of 19/10/2010, file number: 25 w (pat) 200/09

The mark �Kaffeer�sterei Freiburg� cannot be protected as a trademark since this would be contrary to the protection of the � 8 para. 2 MarkenG (Trademark Act). �Kaffeer�sterei Freiburg� merely describes that the offered goods and services are those produced in a coffee roasting in Freiburg. The necessary distinctive facts regarding the origin from a particular company are...

Credit- and cash cards fees settled by airlines are not permitted

Judgement of BGH (Supreme Court) of 20/05/2010, file number: Xa ZR 68/09 a) Following clause, found in the general terms and conditions of an airline, which offers its services almost exclusively as distant sales, has been reviewed: �Since security and administrative costs have increased, Ryanair will not accept any cash payments for the tickets, fees and costs for the excess luggage and sport equipment.� b) Following clause of the general terms...

Slogan "KEEP THE CHANGE" can be registered as a trademark

Judgement of BPatG (Decision of the Federal Patent Court) of 20/07/2010, file number: 33 W (pat) 65/09 The advertising slogan "KEEP THE CHANGE" is registered as a trademark for services in finance and banking. The necessary distinctive character exists since the phrase is indeed an expression of the English vocabulary, concerning the services it is not purely descriptive but rather in need of interpretation.

"Golden Toast" is not a Community trademark

Judgement of the Court of Justice of the European Union of 19/05/2010, file number: T-163/08

According to the European Court, the word mark "Golden Toast" cannot be registered as a community trademark. The registration is contrary to the purely descriptive quality of the term. In Germany might be "Golden Toast" understood as operating origin. In English, however, the term would refer to a product �suitable for toasting� and golden coloured....

Misleading advertising in book reprint

Judgement of OLG K�ln (Higher Regional Court Cologne) of 11/06/2010, file number: 6 U 23/10 A publisher is not allowed to advertise a new edition of a book, which has experienced changes in content and format, without informing about the true contents of the book compared to the original work. An example is the advertising of a new edition of a well-known book from Helmut Newton, which was published in a reduced format and in which 74 pictures were...

Discount only for goods in stock

Judgement of BGH (Federal Supreme Court) of 10/12/2009, file number: I ZR 195/07

Advertising with a significant discount offends the transparency controlled on � 4 No. 4 UWG (Fair Trade Act) if it is not clearly indicated that such discount should be only applied to the goods, which already are in stock. This applies even if the rebate is only temporary � as on the advertising day, for example.