Publication date: 27/09/2011

48578 times read
 :: 11265 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

Warning wave threats Facebook – FOCUS online interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

29231 times read
 :: 17182 Votes  

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.

Category: Internet Law, lawfirm.biz intern, Interviews, social network service, Photo Law, Consumer Law, Data Protection, Facebook

Perfidiousness within online offers – Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

27359 times read
 :: 18391 Votes  

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.

Category: Internet Law, General Terms Law, Power of Revocation, lawfirm.biz intern, Interviews, Law on Sales, Consumer Law, Long Distance Sales Act

1:0 for Apple: Samsung is not allowed to sell his “Samsung Galaxy Tab 10.1” within Germany

Publication date: 09/09/2011

21003 times read
 :: 8986 Votes  

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...

Category: Geschmacksmusterrecht, Industrial Property Protection, Internet Law, Judgements, Product Piracy, Entscheidungen

Antenne Bayern interviews certified lawyer in IT-Law Julian N. Modi, LL.M. about the topic: „Descendants of Elvis Presley argue for more money

Publication date: 07/09/2011

22338 times read
 :: 14239 Votes  

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.

Category: Media Law, Music Law, Celebrities, Copyright Law, lawfirm.biz intern, Interviews, Entscheidungen

The latest rumour – the Financial Times Deutschland interviews lawyer Alexander Wagner

Publication date: 02/09/2011

23798 times read
 :: 15671 Votes  

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.

Category: Liability, social network service, lawfirm.biz intern, Interviews, Indemnity, Media Law, Press Law

When neighbours connect themselves to the wireless of another – Klartext Magazin interviewed certified lawyer Hagen Hild about that topic

Publication date: 24/08/2011

24703 times read
 :: 16350 Votes  

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.

Category: lawfirm.biz intern, Interviews, Internet Law, Data Protection, File Sharing, Consumer Law, Internet Penal Law

Our team is pleased to introduce a new colleague

Publication date: 01/08/2011

7295 times read
 :: 5005 Votes  

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.

Category: lawfirm.biz intern

New EU Toys Directive

Publication date: 12/07/2011

25910 times read
 :: 16752 Votes  

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.

Category: Unfair Competition Law, Consumer Law, Warning letter, Article, General Terms Law, lawfirm.biz intern

Copyright protection for educational games

Publication date: 04/07/2011

10508 times read
 :: 5134 Votes  

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.

Category: Copyright Law, Press Releases, Entscheidungen

Assemble and removal costs regarding replacements of defective sales items must be paid by the seller

Publication date: 13/07/2011

23570 times read
 :: 11207 Votes  

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.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Consumer Law, Top Decisions, Entscheidungen

Recent developments of Internet criminal law 1/2011 – part 1/3

Publication date: 04/07/2011

30446 times read
 :: 18106 Votes  

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.

Category: Article, Internet Law, Internet Penal Law, Telecommunication law, General Terms Law, Data Protection, Consumer Law, Entscheidungen

Hotel owner is not liable for copyright infringement of his guests

Publication date: 04/07/2011

19065 times read
 :: 11015 Votes  

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.

Category: Warning letter, Internet Law, Liability, Copyright Law, Entscheidungen

Challenges to the legal conformities of a mobile website on the internet

Publication date: 08/06/2011

36417 times read
 :: 22944 Votes  

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. 

Category: Internet Law, Imprint, Duty to Inform, M-Commerce, Telecommunication law, Unfair Competition Law, General Terms Law, Data Protection, Article, Entscheidungen

SAT+KABEL: Interview with certified lawyer Julian N. Modi, LL.M. about the topic: „TV Licensing fee in a partnership“

Publication date: 16/05/2011

20215 times read
 :: 10478 Votes  

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).

Category: lawfirm.biz intern, Interviews, Media Law, Broadcasting Law, German TV and Radio Licensing Office

A newspaper advertisement, clearly recognizable a such, must not be labeled as “advertisement”

Publication date: 16/05/2011

22360 times read
 :: 8889 Votes  

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.

Category: Press Law, Advertising Law, Entscheidungen

Special price offer cannot depend on down-payments

Publication date: 16/05/2011

18855 times read
 :: 12156 Votes  

Judgement of LG Darmstadt (Regional Court Darmstadt) of 06/04/2011, file number: 25 S 162/10

Following clause of the terms and conditions “The special price is only valid with full payment at the shipping and billing date. In case of late or incomplete payment, the special price is not longer valid” has been declared invalid by the Regional Court Darmstadt. First, the term “billing” is too vague. For the customer is not clear whether this date refers to the invoice date or to the delivery date. Additionally, the statutory right of retention of the customer is so limited through the clause that an exclusion of the...

Category: General Terms Law, Consumer Law, Price Quotation, Entscheidungen

Harmful to minors versus artistic freedom

Publication date: 03/05/2011

14533 times read
 :: 7859 Votes  

Decision of VG Berlin (Administrative Court Berlin) of 16/12/2010, file number: 27 L 355.10

The operator of an Internet portal where erotic art is published in form of literature, pictures and video material, must protect it with a youth protection program or other arrangements, since young people can be affected in their personal development. This does not oppose to the artistic freedom but in case of a conflict between artistic freedom and protection of minors youth protection, the constitutional act should be followed.

Category: Internet Law, Youth Protection, Entscheidungen

Telemarketing calls are not consented with the mere participation in a lottery

Publication date: 03/05/2011

17461 times read
 :: 10219 Votes  

Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 11/11/2010, file number: 2 U 29/10

Consumers who provide their telephone number in a lottery do not automatically consent to telemarketing calls. In case that that consent is separately asked does not change anything since it cannot be assumed that the participant signs up with his real name. According to this, there is no effective consent. The burden of proof for the evidence that the participant of the lottery has given his real name shall be carried by the one who performs the marketing call. Shifting of the burden of proof would only happen in case that the data is not freely...

Category: Internet Law, Telephone Advertising, Consumer Law, Advertising Law, Entscheidungen

Advertising slogan, "In real cinemas you're never in the wrong movie" is not be registered

Publication date: 03/05/2011

11999 times read
 :: 5965 Votes  

Decision of BPatG (Federal Patent Court) of 29/03/2011, file number 27 W (pat) 574/10

The words " Im richtigen Kino bist Du nie im falschen Film” (German for: “In real cinemas you're never in the wrong film“) configure a sentence understandable in common language, which indicates a quality promise. The word order is not concise enough, neither has an ambiguity able to be protected. Thus, any distinctive character is missing.

Category: Trademark Law, Trademark Registration, Entscheidungen
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