No reporting without concrete reason

Publication date: 15/01/2010

15979 times read
 :: 10610 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 29/09/2009, file number: 27 O 736/09

Without concrete and actual reason, the reporting about the state of health of a celebrity is inadmissible, since this concerns the main area of privacy. A known entertainer and comedy actress was seriously ill; this was compared in the media with the situation of host who was also ill. However, the illness of any third person who has no relation with the first mentioned person shows no “actual reason”, therefore, the reporting injures the general Personality Right.

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

Medicines with the denomination "acute" – how long it may last up to the effect?

Publication date: 12/01/2010

23725 times read
 :: 17856 Votes  

Press release No. 37/09 of LG München I (Regional Court Munich I) of 16/12/2009, file number: 7 O 17092/09

If a pharmaceutical company advertises a medicine using the adjective "Acute", the average consumer should expect quick effect in order to relief his ailment, an improvement of his physical situation within the next 20 – 60 minutes after taking the medication. If the effect takes place one day after the intake, a considerable temporal delay is present and, therefore, states a misleading advertising for the consumer.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Pharmaceutical Law, Press Releases, Entscheidungen

The lawyer has the duty to check the extensions of time

Publication date: 12/01/2010

14934 times read
 :: 5608 Votes  

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.

Category: Liability, Entscheidungen

"Best Buy" is only a slogan

Publication date: 08/01/2010

7712 times read
 :: 4963 Votes  

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 formula or a slogan. 

Category: Trademark Law, Trademark Registration, Entscheidungen

Parents are also liable for full aged children...

Publication date: 04/01/2010

17693 times read
 :: 10558 Votes  

Judgement of LG Düsseldorf (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.

Category: Internet Law, File Sharing, Liability, Copyright Law, Entscheidungen

Warning costs in case of fixed book price offence

Publication date: 18/12/2009

15106 times read
 :: 9407 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

7038 times read
 :: 4216 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

Radio stations are liable for false statements

Publication date: 17/12/2009

6192 times read
 :: 3734 Votes  

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 statements.

Category: Media Law, Broadcasting Law, Entscheidungen

No "CHRISTMAS MAGIC" with Lindt

Publication date: 18/12/2009

9350 times read
 :: 5730 Votes  

Decision of the BPatG (Federal Patent Court) of 29/10/2009, file number: 25 W (pat) 72/09

The Federal Patent Court has decided that the word mark “WEIHNACHTS-ZAUBER” (“CHRISTMAS MAGIC”), which describes the special charisma and atmosphere of Christmas markets, cannot be registered due to the lack of distinctiveness. The word “WEIHNACHTS” (“CHRISTMAS”) shows a narrow relation to chocolate goods with typical Christmas taste. According to the Federal Patent Court, the connection to the word “ZAUBER” (“MAGIC”) is just a marketing recommendation and it does not create a new word.

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

Disturbance liability limits of the web search engines

Publication date: 16/12/2009

12186 times read
 :: 8295 Votes  

Decision of Hamburg OLG (Higher Regional Court Hamburg) of 13/11/2009, file number: 7 W 125/09

A web search engine operator does not injure the personality rights of people if, as result of the searching, web sites are shown in which these people are characterised, for example, as murderer.  The web search engine operator is responsible for such an injury of the personality right only if he does not comply with his due diligence. If this happens, the obligation to remove the proofs or the web sites from the web search engine comes into consideration. This assumes that he has knowledge of the contents of certain web sites.

Category: Internet Law, Personality Right, Web Search Engine, Entscheidungen

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

Publication date: 14/12/2009

14526 times read
 :: 8437 Votes  

Press release No. 36/2009 of LG München 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.

Category: Anti-Trust Law, Consumer Law, Unfair Competition Law, Economy + Labour & Taxes, Press Releases, Entscheidungen

About the advertisement of goods’ discount only if these are already on stock

Publication date: 14/12/2009

13443 times read
 :: 7901 Votes  

Press release No. 251/2009 of BGH (Federal Supreme Court) about the judgement of 10/12/2009, file number: I ZR 195/07

The advertisement for a discount on a certain day at the rate of 19% is a basically allowed marketing method. Nevertheless, if the discount is only valid for the goods which are already on stock and not for the products ordered on this day, this must be clear and unambiguously informed in the add to the consumer. If there is no clear hint to the restriction of that discount, the seller acts anticompetitive due to the offence against the transparency requirement.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Internet Law, Press Releases, Entscheidungen

Battle for the milk price

Publication date: 18/11/2009

9259 times read
 :: 5999 Votes  

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 support the boycott, while they do not limit themselves to the bare shifting of information.

Category: Anti-Trust Law, Unfair Competition Law, Price Quotation, Entscheidungen

International prices of medicaments

Publication date: 18/11/2009

12490 times read
 :: 7334 Votes  

Judgement of the EuGH (ECJ) of 06/10/2009, file number: C-501 / 06

In parallel trade with medicaments it is not allowed to meet an arrangement with national wholesalers in which different prices are arranged. Prices in the resale of a refundable medicament to national chemist’s and hospitals should be lower as the required prices for an export from another member state.

Category: Anti-Trust Law, Pharmaceutical Law, Entscheidungen

THINKING AHEAD is not a trademark suitable for thinking ahead

Publication date: 17/11/2009

7845 times read
 :: 4662 Votes  

Judgement of the European Court of First Instance of 17/11/2009, file number: T-473/08

Due to the word combination, the trademark THINKING AHEAD lacks of distinctiveness for the general public in the classification of sporting and educational activities. The combination of the words “thinking ahead” has a clear meaning regarding education services; therefore it does not justify any trademark registration.

Category: Trademark Law, Trademark Registration, Entscheidungen

Detective's costs in case of competitive infringement

Publication date: 12/11/2009

3298 times read
 :: 2176 Votes  

Judgement of OLG Karlsruhe (Higher Regional Court Karlsruhe) of 23/09/2009, file number: 6 U 52/09

If a detective is commissioned to make some enquiries about competitive infringements of a competitor, the costs for it are recoverable in case that a concrete suspicion concerning the offence exists and the principal himself is not able to uncover the offence alone. The extent of the reimbursement is calculated regarding “what a reasonable, economically thinking person might necessary consider.”

 

Category: Unfair Competition Law, Entscheidungen

Court competence by Internet publications

Publication date: 12/11/2009

12823 times read
 :: 8251 Votes  

Press release No. 227/2009 of BGH (Federal Supreme Court) about the decision of 10/11/2009, file number: VI ZR 217/08

The Federal Supreme Court allows  the  Europeam Court  of Justice to clear the question of the international court competence about forbereance regarding naming by the suppliers who are settled in another member state.

Category: Internet Law, Data Protection, Internet Penal Law, Press Law, Press Releases, Entscheidungen

CD copies are not forbidden yet

Publication date: 29/10/2009

8062 times read
 :: 5090 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 07/10/2009, file number: 1 BvR 3479/08

Music enterprisers and sound recording industries had issued in a constitutional complaint that private music CD copies infringe against § 53 paragraph 1 UhrG (Copyright Law). The Federal Constitutional Court rejected the complaint on the grounds that the complaint was not issued in due time. Moreover, the decision confirmed that single copies are allowed for the private use, as long as they have no purpose of gain.

Category: Music Law, Copyright Law, Product Piracy, Entscheidungen

Personality rights cession

Publication date: 28/10/2009

93550 times read
 :: 19285 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 15/09/2009, file number: 7 U 1/09

There is a possibility to confer the own personality rights on third parties. This can happen, for example, after ending a contract. A complete cession of these rights is although not possible; a cession of, for example, commercial parts of single personality rights is allowed.

Category: Personality Right, Advertising Law, Entscheidungen

Copyright protection for advertising slogan?

Publication date: 27/10/2009

5183 times read
 :: 3267 Votes  

Judgement of LG Köln (Regional Court Cologne) of 12/08/2009, file number: 28 O 396/09

Advertising texts are not included on the copyright protection if they are not anymore as pure recommending and advertising imperative. However, if the advertising messages show an individual impression through the advertising, the necessary creation or level of originality for a copyright is reached. This level of originality can also be reached through the technical realisation of the web page, for example, through specific arrangement of key words in order to achieve top ranks in searching machines.

Category: Copyright Law, Entscheidungen
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