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Fees re-adjustment for mobile calls in other EU countries

Press release of the Federal Network Agency dated 30/06/2010

Only a month ago, the European Court has decided that the regulation 717/2007 of the European Parliament about the regulation of roaming fees in other European countries, is legal. Since 1st July 2010, the roaming costs for mobile calls have been again reduced. Consumers pay a maximum of 39 cent/minute for outgoing calls in other EU country, a maximum of 15 cent/minute for incoming calls and not more...

Confirmation SMS are not junk mail

Judgement of AG Berlin-Mitte (Local Court Berlin) of 12/01/2010, file number: 14 C 1016/09 Provides a mobile service to its users the possibility to register the cell number in order to apply for offered services and a confirmation short message follows after mentioned application, this SMS cannot be considered as a junk mail. The SMS has no sales promotion purpose but fulfils the information duty.

Weather forecaster must not tolerate concrete details in the press release about rape allegation

Judgement of LG K�ln (Regional Court Cologne) of 12/05/2010, file number: 28 O 175/10 A nationwide well-known weather forecaster must not tolerate that the press publishes concrete details about the investigation concerning the procedure against him. Although the rape allegations count with an important public interest, they could cause a difficult complete rehabilitation of the weather forecaster in case of exculpation.

Likelihood of confusion between peerstorm and PETER STORM

Decision of the Court of Justice of the European Union of 08/07/2010, file number: T-30/09 The Court of Justice of the European Union affirmed the likelihood of confusion between the word marks �peerstorm� and �PETER STORM�, both registered for clothing articles. Both trademarks have a visual, phonetic and conceptual similarity. Although the use of signs, made up of first and last name, is usual in the clothing sector, a likelihood of confusion exists if...

�Matthias-Reim-Photo�� The picture in picture

Judgement of KG Berlin (Superior Court of Justice Berlin) of 15/06/2010, file number: 5 U 35/08

Copies of already published photographs are certainly permissible as a part of a quotation and if they are not only used with pure decorative and illustrative purposes. The reproduction of an unmodified small picture in a larger picture shows a �copyright relevant intervention� according to �� 72, 15, 16 UrhG (German Copyright Act).

Anticompetitive tradition advertising

Judgement of OLG Oldenburg (Higher Regional Court Oldenburg) of 22/04/2010, file number: 1W 16/10

A company may principally advertise with a long family tradition. The so-called maturity stage, however, contains hidden quality features which may influence the customer and his purchase decision. Therefore, this maturity stage may occur in a certain extend. Advertising with the continuity of a company is only allowed if this continuity really lasted during the...

Delivery damages notice does not need to be in writing

Judgement of OLG K�ln (Higher Regional Court Cologne) of 27/04/2010, file number: 3 U 160/09

The delivery company DHL may not provide in his terms and conditions that customers must give notice in writing in case of (partial-) loss or damage within seven days after delivery. This clause excludes inadmissibly writings such e-mail or fax. Additionally, the clause clears insufficiently up, that to meet the deadline, timely sending of the damage notice shall...

Supposed "free deliveries" are anti-competitive

Judgement of the OLG Hamm (Higher Regional Court Hamm) of 04/05/2010, file number: 4 U 32/10

Advertises a distributor of advertising material with the words "Free delivery within Germany and Austria for online orders" without pointing out that a surcharge of 4,80 � would be charged on orders under 50 � and that packaging expenses will be also calculated on online orders, so the distributor behaves anticompetitive compared to other competitors.

Kommunikation & Recht: right to forbearance of future recordings

Comment of the lawyers Hagen Hild and J�rg Kh�ber

Comment of the lawyers Hagen Hild and J�rg Kh�ber for the June-edition of the legally specialized magazine Kommunikation & Recht, about the judgement of the OLG D�sseldorf (Higher Regional Court D�sseldorf) of March 8, 2010, file number about the topic: Admissibility of audio-visual recordings in medical practices and the right to forbearance of future clandestine recordings.

New withdrawal instruction from June 11, 2010

As from June 11, 2010 new regulations of the German Civil Code are effective in the area of distant sales and e-commerce. Thereby, the withdrawal instruction sample becomes a law status. Besides, an �eBay clause� provides for the fact that in future also in the sales through the biggest Internet auctioneers, a withdrawal term of 14 days and regulations to the compensation for the lost value will be possible.

Violation of the personality rights through unallowable installed supervision cameras

Judgement of BGH (Federal Supreme Court) of 16/03/2010, file number: VI ZR 176/09

The installation of supervision cameras on a private property can affect the personality rights of a supposedly monitored neighbour. This could already occur just taking into account a suspicious situation. However, only the hypothetical possibility of monitoring is not enough.

�Der Hausmeister� without copyright notation

Judgement of LG Bielefeld (Regional Court Bielefeld) of 13/04/2010, file number: 4 O 293/06

It is agreed that the use of a logo is allowed only with a suitable copyright notation so that the originator of the logo can claim for compensation in case of offence. In the legal action of the Regional Court Bielefeld, a graphic artist, who agreed to make available the logo �Der Hausmeister�, complained that in case of using the logo, a well recognizably �-Copyright...

No remuneration for a VIP's photo

Judgement of LG Hamburg (Regional Court Hamburg) of 04/12/2009, file number: 324 O 338/09 The bare publishing of a paparazzi photo does not mean that the photographed public figure �collects promotionally�. In this case a known German photographer considered that he could require royalty payments from the defendant, since the publication of the photo shows him by reading a known Sunday paper. Nevertheless, the Regional Court Hamburg did not share that...

CCCP and DDR: No trademark infringement on clothes imprint

Press Release of BGH (Federal Supreme Court) nr. 10/2009 about the judgement of 14/01/2010, file number: I ZR 82/08

Third parties are allowed to imprint on clothing symbols and writings of former Eastern Bloc as for example �CCCP� (USSR) including hammer and sickle, though these signs are protected as trademark for clothing. However, the imprint of the signs does not represent any Trademark infringement since it does not offend any trademark rights of the...

The lawyer has the duty to check the extensions of time

Decision of BGH (Federal Supreme Court) of 24/11/2009, file number: VI ZB 69/08

A court time extension must be checked by the lawyer, even if there is no reason for its acceptance and it is not expected to be granted.

"Best Buy" is only a slogan

Judgement of EuG (ECJ) of 15/12/2009, file number: T-476/08 The applied community trademark �Best Buy� lacks of distinctiveness, hence, it cannot be registered as Trademark. The evaluation of the applied complex Trademark is based on the complete perception of the sign. The average consumer understands, through that words combination, an obviously favourable relation between price and market value of the product. Besides, in the eyes of the relevant public it is only an advertising...

Parents are also liable for full aged children...

Judgement of LG D�sseldorf (Regional Court Dusseldorf) of 27/05/2009, file number: 12 O 134/09

... at least within the scope of the Internet access. The Regional Court Dusseldorf decided that the owner of an Internet connection can also be taken as responsible and liable on a cease and desist letter if a copyright infringement has been committed in a file sharing network by a full aged family member.

Radio stations are liable for false statements

Judgement of HansOLG (Higher Regional Court Hamburg) of 24/11/2009, file number: 7 U 76/09

The Higher Regional Court Hamburg has decided about a radio station which has spread false statements within the scope of an interview. Indeed, it was evident that the false statements came from a third party and that the radio station did not maintain them. However, the radio station is liable for them since it does not dissociate itself enough from the false...

No loan in the Savings Bank cash point for Direct Bank customers

Press release No. 36/2009 of LG M�nchen I (Regional Court Munich I) dated 11/12/2009, file number: 9 HK O 9435/09

Savings banks may refuse the drawing of money from a cash point using a credit card of a direct bank. Since a local savings bank has no leading position in the nationwide bank business, it does not act unfairly towards the direct banks.

Battle for the milk price

Decision of OLG Dusseldorf (Higher Regional Court) of 09/09/2009, file number: VI-Kart 13/08 (V) Within the scope of the milk price offensive is illegal, concerning anti-trust law, to call for boycott of the dairies which were supplied with raw milk. It is forbidden to call other enterprises, here other farmers, with the intention for block the delivery to unfairly damage in the competition certain third enterprises, the dairies. The publication of circulars and statements to the press...