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We are proud to announce that the lawyer Jörg Khöber 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 Düsseldorf.
The kanzlei.biz team congratulates him!
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!
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 of the patient.
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.
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.
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.
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.
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...
Elvis Presley has been supposedly exploited by his record company during his lifetime. At least this is what his descendants maintain suiting Sony Music Entertainment as Presley’s former record company. Antenne Bayern interviews Julian N. Modi, LL.M., certified lawyer in IT-Law about the rights of the heirs. They base their claim on § 32a Copyright Act (UrhG) that states that the artist is also later entitled to compensation in case that the new owner of the right of use has unexpected success with the work of art.
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.
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.
We welcome lawyer Arthur Kempter in the lawfirm.biz team.
During his degree in Law and clerkship at the Universität Tübingen, Freiburg and Leeds (U.K.) he focused on “intellectual property”. He has gained important practical experience working for several law firms based on commercial law, particularly in the area of copyright, intellectual property and IT law. Currently he is in the theoretical training for a certification in industrial property protection at the Hagen Law School.
The Member States hat time until January 20, 2011 to implement the new directive 2009/48/EC of the European Parliament and of the Council on the safety of toys – these implementing regulations should be applied from July 20, 2011. We have compiled for you the important innovations mentioned in the toys directive and also in the second regulation of the equipment and product security law and which should be followed by manufactures and online sellers.
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.
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.
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.
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.
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.
The Administrative Court of Baden-Württemberg decided that in case of a marriage-like partnership, the TV licensing fee should only paid once (Sentence dated August 21, 2008, file number: 2 S 1519/08).
Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 04/08/2010, file number: 5 U 152/09
An advertisement must not be explicitly referred as “ad” when this is clearly one for the average reader. An explicit reference is not necessary in case that a separation is given, through the design of the ad, between editorial and advertisement content. Such design does not cover any disguised advertising.
