Titelschutz Journal

Publication date: 08/02/2012

47551 times read
 :: 35156 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

NJW decision of the week: 1.800 calls allegued while driving a bus

Publication date: 18/10/2011

19055 times read
 :: 11751 Votes  

Certified lawyer Julian Modi, LL.M. has reached the decision in the Local Court Dachau on August 16, 2011, ref.: 2 C 1423/11, which has been published as the decision of the week in the legal magazine NJW – issue 42/2011.

Category: lawfirm.biz intern, Interviews, Procedural Law, Telecommunication law, Value-added-service, Consumer Law, Judgements, Entscheidungen

"Princess"

Publication date: 27/09/2011

43199 times read
 :: 11024 Votes  

Decision of the Federal Patent Court of 16/08/2011, file number: 28 W (pat) 112/10

The mark “Princess” describes merely the registered products in classes like “Jewelry”, since the description should only involve certain products with a special touch. This does not apply to accessories or similar utility or fashion products in a princess-look.

Category: Judgements, Trademark Law, Trademark Registration, Industrial Property Protection, Trademark Cancellation, Procedural Law, Entscheidungen

German Law also applied to the New York Times

Publication date: 07/04/2010

27011 times read
 :: 16255 Votes  

Judgement of BGH (Federal Supreme Court) of 02/03/2010, file number: VI ZR 23/09

Provided that an article published on the Internet injures the personality right of someone and shows at the same time a clear relation to Germany, the legal way to German courts is opened. A plaintiff resident in Germany took legal actions against the publisher of the newspaper “The New York Times” as well as against the author resident in New York, since the published article injured the plaintiff’s right.

Category: Personality Right, Press Law, Procedural Law / Costs, Entscheidungen

Warning costs in case of fixed book price offence

Publication date: 18/12/2009

20219 times read
 :: 12828 Votes  

Judgement of OLG Frankfurt/Main (Higher Regional Court Frankfurt/Main) of 11/12/2009, file number: 11 U 72/07

Those who deal reselling books without taking into account the fixed retail prices can be warned since that is an offence against the Fixed Retail Price Law. The Higher Regional Court Frankfurt/Main has limited the costs to a lump sum of 175 euro net.

Category: Media Law, Procedural Law / Costs, Unfair Competition Law, Internet Law, Entscheidungen

No information claim for "Spongebob" voice actor

Publication date: 17/12/2009

9608 times read
 :: 6081 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 31/07/2009, file number: 310 O 338/08

A "Spongebob" – voice actor thought he would voice in the series a major role, whereupon he asked the radio play production company for profit sharing. Since he couldn’t anymore know the extension of his cooperation in the series, he required the suitable information from the productions company. The judges of the Regional Court Hamburg rejected his demand since the information claim should exist only if the plaintiff can prove that he cannot get that information by himself.

Category: Media Law, Procedural Law, Entscheidungen

Private gambling suppliers can proceed against unfair competition infringements

Publication date: 06/10/2009

14399 times read
 :: 8976 Votes  

Judgement of KG Berlin (Superior Court of Justice Berlin) of 12/08/2009, file number: 24 U 40/09

The claim of a Dutch gambling supplier according to the Gambling Treaty is not legal abusive, even if he does not accept these regulations on his own business activity. There is no possibility to refuse a claim against unfair competition infringement if this comes from a private supplier. There is no agreement about judicial examination of commercial methods of the state chosen supplier.

Category: Gambling Law, Procedural Law, Unfair Competition Law, Entscheidungen

Registration through public electronic documents

Publication date: 20/07/2009

227933 times read
 :: 26330 Votes  

Decision of OLG Stuttgart (HRC Stuttgart) of 21/04/2009, file number: 8 W 155/08

For registrations in the trade register, an obligatory electronic submission is prescribed in publicly accredited form. In addition a certified electronic signature must be used for an effective submission. If an authority displays electronic documents within his competence, the regulations about public documents should be applied. The used certificate allows determination about who has created the public electronic document.

Category: IT Law, Procedural Law, Entscheidungen

Resignation of the inland representation

Publication date: 02/07/2009

12552 times read
 :: 6383 Votes  

Decision of BGH (Federal Supreme Court) of 11/02/2009, file number: Xa ZB 24/07

The Federal Supreme Court has decided, according to § 25 paragraph 4 PatG (Patent Act) that an inland representation can resignate of its mandate beyond pending proceedings towards the German Patent and Trade Mark Office (DPMA), even if no new inland representation is ordered.

Category: Trademark Law, Procedural Law, Entscheidungen

From 1 July 2009, new base rate slashes to 0.12%

Publication date: 01/07/2009

25158 times read
 :: 17036 Votes  

News release of the German Central Bank of 30/06/2009

The new base rate from July 1st, 2009 until December 31st, 2009 amounts only 0.12%. The base rate amounted 1.62 % until June 30th, 2009. The new base rate reaches the deepest stand since beginning of the fixing of a base rate in 1948 (known as discount rate until 1999). As new default interest towards consumers 5.12 percent can be now asserted, among entrepreneurs 8.12 percent.

Category: Procedural Law, Procedural Law / Costs, Consumer Law, Economy + Labour & Taxes, lawfirm.biz intern

Missed Signature on petitions of appeal

Publication date: 10/06/2009

7596 times read
 :: 5244 Votes  

Decision of BGH (Federal Supreme Court) of 07/05/2009, file number: VIIZB 85/08

An incomplete petition of appeal, in which the last side and the signature are missing, is enough for the form requirements, according to § 519 ZPO (Civil Process), since the essential information is available. This information should arise from at the same time submitted, signed certified copy, and there is no doubt about the intention of the trial commissioner to file an appeal.

Category: Procedural Law, Entscheidungen

Clauses to the local competence of courts

Publication date: 08/06/2009

13982 times read
 :: 9974 Votes  

Judgement of the EuGH (ECJ) of 04/06/2009, file number: C-243 / 08

The ECJ has decided that abusive contract clauses are not obliging for consumers and an appeal is not necessary. Contract clauses are to be checked by the courts officially; the audit also applies to own local competence. It is a case of the court to ascertain the misuse of the clause. This is given, if such a clause, without being negotiated, assigns exclusive competence to the court in whose district the businessman has his seat. 

Category: General Terms Law, Procedural Law, Consumer Law, Entscheidungen

No own complaint right

Publication date: 02/06/2009

10241 times read
 :: 6935 Votes  

Decision of the OLG Köln (HRC Cologne) of 05/05/2009, file number : 6 W 39/09

A connection holder, who is unknown in the decision on the kind of information, has no own complaint right. Since, by the judicial permission of the identity revelation, he is not directly burdened. Against it, the ordinary law judicial decree allows an independent and effective legal control before the permission.

Category: Procedural Law, Copyright Law, Entscheidungen

Erroneous IP address mistake

Publication date: 26/02/2009

28462 times read
 :: 16799 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 21/11/2008, file number: 310 S 1/08

The invoicing enterprise, due to wrong solicitor information, must not pay the costs of any lawyer's fees for the counter warning letter of the erroneous opposing party, as long as it does not represent any takeover negligence. Particularly, the defendant enterprise may trust the solicitor advice. Because of an erroneous mistake of the IP address by the Internet provider, the plaintiff was accused to offer predominantly music files on the Internet without approval of the right holders.

Category: IT Law, Internet Penal Law, Warning letter, Procedural Law / Costs, Entscheidungen

Proof of delivery does not proof that addressee lives under delivery address

Publication date: 26/02/2009

14730 times read
 :: 9904 Votes  

Decision of LG Saarbrücken (Regional Court Saarbrucken) of 08/12/2008, file number: 5 T 410/08

A proof of delivery does not proof, according to §418 paragraph 1 ZPO (Civil Process Order), that addressee lives under delivery address. Indeed, the delivery employee explains, he has not found the delivery addressee in his flat, a proof-strong clue for the fact that the delivery receiver has lived under the delivery address.   This indicative effect of the substitution delivery and its registration can disable the delivery receiver only by a plausible, logical statement...

Category: Procedural Law, Procedural Law / Costs, Consumer Law, Entscheidungen

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