University library may continue to be supervised with cameras

Publication date: 02/07/2009

14972 times read
 :: 10133 Votes  

Judgement of OVG Nordrhein-Westfalen (Higher Administrative Court Nordrhein-Westfalen) of 08/05/2009, file number: 16 A 3375/07

The Westphalian Wilhelms-Universität of Münster may continue to supervise the library of the municipal-scientific institute with video cameras. However, the video pictures may not be in general stored. The 16th senate of the higher administrative court has decided this for the State of Nordrhein-Westfalen in a current judgement and with it has confirmed the first-instance decision of the administrative court Münster.

Category: Personality Right, Media Law, Consumer Law, Entscheidungen

A single meeting between competitors may constitute a concerted practice in breach of antitrust law

Publication date: 02/07/2009

13132 times read
 :: 8794 Votes  

Judgement of EuGH (European Court of Justice) of 04/06/2009, file number: C-8/08

A single meeting between competitors may constitute a concerted practice in breach of antitrust law, also if there is no actual prevention, restriction or distortion of competition. A concerted practice pursues an anti competitive object for the purposes of Article 81(1) EC where, according to its content and objectives and having regard to its legal and economic context, it is capable in an individual case of resulting in the prevention, restriction or distortion of competition within the common market.

Category: Telecommunication law, Anti-Trust Law, Entscheidungen

Resignation of the inland representation

Publication date: 02/07/2009

12148 times read
 :: 6054 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

End of „roaming rip-off“: From July 1st, 2009, cost of texting, calling, surfing the web abroad in the EU slashes thanks to EU action

Publication date: 02/07/2009

10358 times read
 :: 7046 Votes  

EU press release of 01/07/2009, IP/09/1064

New EU roaming rules coming into effect this month, should cut roaming charges for EU consumers by 60% and increase mobile phone use. From now on, sending a text message from abroad in the EU costs a maximum €0.11. Roaming calls will be also cheaper: Outgoing roaming calls will not cost more than €0.43 per minute, and incoming calls will not cost more than €0.19.

Category: Telecommunication law, Consumer Law, Press Releases, Entscheidungen

The "cracked prosecutor" – defamation or allowed according the freedom of opinion

Publication date: 01/07/2009

12374 times read
 :: 9089 Votes  

Decision of BVerfG (Federal Constitutional Court) of 12/05/2009, file number: 1 BvR 2272/04

If the fundamental right of the freedom of opinion (article. 5 GG - Basic Laws) is not used as a private analysis, but primarily as contribution to the knowledge of the public opinion, then though effects of the statements on the legal circle of third are an inevitable result, but not the real aim of the statement. Hence, in the public analysis, in particular in the political opinion fight, the criticism which is expressed in exaggerated and controversial form must be also accepted...

Category: Personality Right, Media Law, Curiosities, Entscheidungen

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

Publication date: 01/07/2009

23926 times read
 :: 16136 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, intern

L'Orèal - Unfair exploitation by third of the distinctiveness of a brand

Publication date: 01/07/2009

7300 times read
 :: 4137 Votes  

Judgement of EuGH (ECJ) of 18/06/2009, file number: C-487 / 07

The advantage which arises from the use by a third of a sign which is similar to a known brand is an unfair exploitation of the distinctiveness or the esteem of the brand. This happens if this third party tries, through that use, to profit from the brand attraction, its name and its respect and to use, without financial consideration, the economic strains of the grantee of trademark to the creation and maintenance of the image of this brand.

Category: Trademark Law, Entscheidungen

Travelling together

Publication date: 30/06/2009

7628 times read
 :: 5463 Votes  

Decision of BPatG (Federal Patent Court) of 20/04/2009, file number: 27 W (pat) 60/09

The concept "Travelling together" could not be registered at the German patent and trademark office as a trademark, since it has no distinctiveness. From the concept is understood, that the offered goods or services consist of travelling in or with a group of people. However, this is not enough for a trademark registration.

Category: Trademark Law, Trademark Registration, Entscheidungen

Due diligence for integrated videos

Publication date: 30/06/2009

9610 times read
 :: 6570 Votes  

Judgement of LG Köln (Regional Court Cologne) of 10/06/2009, file number: 28 O 173/09

Who operates an Internet-video-portal, due diligences are incumbent upon the videos which are hosted by him as well as the ones hosted by someone else, which are integrated or linked. Thus, shares of external Internet sites are integrated into own appearance, without being necessary for the user to visit the linked site. If external sites are not linked but integrated, hence, a higher due diligence exists for their content.

Category: Internet Law, Link Liability, Provider Liability, Liability, Entscheidungen

Forever the same cover

Publication date: 30/06/2009

18146 times read
 :: 12676 Votes  

Judgement of LG München I (Regional Court Munich I) of 06/05/2009, file number: 21 O 5302/09

For a copyright photo which has been worked to the cover under retention of the central picture elements, rights of use should be shown. These entitle to advertise with the photo through the picture of the cover. It is to be supposed, that rights of use should be valid for an unlimited period of time to decorate sound carrier with an unchanged Artwork.

Category: Photo Law, Music Law, Copyright Law, Design Law, Entscheidungen

Advertising phone calls just only if expressly approved

Publication date: 29/06/2009

21307 times read
 :: 13436 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 15/05/2008, file number: 14 O 61/08

When an approval clause is so formulated that within the storage and transmission of dates these are held for future telephonic application, such anticipated approval is inadmissible in the general terms and conditions. Therefore, the use of the storage data is to be valued for advertising phone calls as an unacceptable annoyance, provided that the explicit approval of that clause has not been given.

Category: Unfair Competition Law, Bothersome Ads, Gambling Law, Telephone Advertising, Advertising Law, Entscheidungen

Child-pornographic files cause removal from the office

Publication date: 29/06/2009

174629 times read
 :: 20392 Votes  

Judgement of VG Göttingen (Administrative Court Goettingen) of 12/05/2009, file number: 5 A 4/07

If a professor stores and loads images and video files with child-pornographic content on his official PC, this shows such a serious disciplinary offence that it leads to the removal from the office. The access to such files by a professor leads, from the point of view of an impartial and considerate third, to a final and entire loss of the respect as a teacher and model.

Category: Internet Law, Labour Law, Internet Penal Law, IT Law, Entscheidungen

Facebook vs StudiVZ

Publication date: 26/06/2009

32447 times read
 :: 23820 Votes  

Judgement of LG Köln (Regional Court Cologne) of 16/06/2009, file number: 33 O 374/08

With an amount in dispute of 1 million euro, the regional court Cologne found StudiVZ "innocent". Facebook accused it of the imitation of the so-called "Look & Feel" on its homepage. StudiVZ served Facebook though as a model. Nevertheless and with limitations, the principle of the imitation freedom is valid, as long as this is not unfairly used. Finally Facebook, at the market launch of StudiVZ, did not have the necessary name recognition in Germany to justify any claim. Nor General Terms and Conditions offense is either given, since StudiVZ never...

Category: Internet Law, Trademark Law, Unfair Competition Law, Copyright Law, IT Law, social network service, Entscheidungen

UHU – Trademark with secondary meaning

Publication date: 24/06/2009

11249 times read
 :: 8197 Votes  

Judgement of BGH (Federal Supreme Court) of 19/02/2009, file number: I ZR 195/06

The bid of the firmness is valid for the trademark with secondary meaning. In case of the claimed colour combination in a trademark with secondary meaning, the systematic order and the relation of the paints must be determined clearly and unambiguously...

Category: Trademark Law, Company Labelling, Unfair Competition Law, Entscheidungen

Augsburger Puppenkiste (The Augsburg Puppet Theatre)

Publication date: 24/06/2009

15259 times read
 :: 9629 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: I ZR 200/06

The component "Puppenkiste" is in the company sign "Augsburger Puppenkiste" to label the marking of a puppet theatre originally weak sign and, therefore, without distinguishing characteristic to assert itself as a catchword-like advice to the company...

Category: Internet Law, Domain Law, Trademark Law, Company Labelling, Entscheidungen – BGH (Federal Supreme Court) about the admissibility of a teacher assessment on the Internet

Publication date: 24/06/2009

16090 times read
 :: 11193 Votes  

Press release No. 137/09 of BGH (Federal Supreme Court) about the judgement of 23/06/2009, file number: VI ZR 196/08

The Federal Court of Justice has decided in a current judgement that teacher assessments are allowed on the Internet on the web page The assessments show opinions which concern the professional activity of a teacher and therefore basically without the same protection as she could have on her private sphere. Also the fact that the assessments are handed in anonymously, nothing changes in the admissibility, since the freedom of opinion encloses basically the right to determine the spreading medium.

Category: Internet Law, Personality Right, IT Law, Press Releases, Entscheidungen

Statutory health insurances: Ban of the advertising with cheap foreign mail-order pharmacy

Publication date: 23/06/2009

13317 times read
 :: 8906 Votes  

Decision of LSG Mainz (Higher Social Court Mainz) of 04/06/2009, file number L 5 KR 57/09 B ER

German statutory health insurances may not advertise their members through a bonus system, by which money would be saved by ordering drugs on a foreign internet and mail-order pharmacy. Rather, such an action violates against valid medicament contracts (ALV) of the single federal states. In addition, this form of advertising is also unfair, since it offends against the basic-juridically standardised policy of neutrality.

Category: Advertising Law, Unfair Competition Law, Pharmaceutical Law, Entscheidungen

Political election proclamation not allowed on the homepage of local authority

Publication date: 23/06/2009

7435 times read
 :: 5431 Votes  

Court answer of VG Meiningen (Administrative Court Meiningen) of 06/05/2009, file number: 2 K 112/09 Me

Local authorities may pursue publicity concerning themselves on their homepage, but they are not allowed to inadmissibly influence the electorate. This would offend against the command of strictly municipal neutrality and the right on equal opportunities for all political parties. As a publisher of the homepage, the local authority is responsible for the content. In case they publish a call to political initiative, they make this for their own interests and pursue  party affecting advertising.

Category: Internet Law, Entscheidungen

No lotto in the customer service terminal

Publication date: 22/06/2009

12954 times read
 :: 8212 Votes  

Decision of OVG Lüneburg (Higher Administrative Court Lüneburg) of 12/09/2008, file number: 11 ME 476/07

The equipment of lottery offers on customer service terminals of savings banks is not allowed. Such an offer is a supplement of the distribution channel. By the introduction, the effects on the population must be examined and they must have been valued and the gambling treaty must be kept. The expansion of the availability on the customer service terminals contradicts the default that the bet possibility may not exist everywhere.

Category: Gambling Law, Consumer Law, Entscheidungen

Film title "Der Seewolf" possible

Publication date: 18/06/2009

10386 times read
 :: 7524 Votes  

Judgement of OLG München (HRC Munich) of 30/04/2009, file number: 29 U in 4978/08

The copyright of a work is only cancelled with the final assignment of the use for the work. If the possibility of a renewed broadcast exists through a film, no final assignment is given. The name "Der Seewolf" is the German translation of the title of the novel "The Sea Wolf", however, does not hinder the distinctiveness because of different work kinds. Besides, it describes the filming of the novel as its central quality.

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