Object value in the cancellation proceedings

Publication date: 18/06/2009

9819 times read
 :: 7013 Votes  

Decision of BPatG (Federal Patent Court) of 14/04/2009, file number: 25 W (pat) 8/06

The fixing of the object value in the brand-juridical cancellation proceedings is to be calculated according to the interest of the general public in the cancellation of the sign. If the affected brand is used, a higher value to be attached is measured, normally with 50,000€.  If the exact extent of the use of the affected brand is not known, no higher value can be settled.

Category: Trademark Law, Trademark Cancellation, Entscheidungen

Anonymity for the offender

Publication date: 18/06/2009

12050 times read
 :: 8598 Votes  

Judgement of OLG Hamburg (HRC Hamburg) of 10/03/2009, file number: 7 U 65/08

If the name of an offender is spread in an Internet archive of a newspaper, this can claim to omission due to the injury of his general personal right. The name is spread by the accessibility and the possibility of the inspection of the article. Shortly before the dismissal this must not been tolerated anymore, since the public interest was directed upon the prosecution and conviction and the public is already enough informed about it. 

Category: Internet Law, Media Law, Press Law, Entscheidungen

Premiere loses dispute on 26,350,000.00 euros

Publication date: 18/06/2009

10601 times read
 :: 7382 Votes  

Press release of LG München I (Regional Court Munich I) about the judgement of 28/05/2009, file number: 7 O 17548/08

In the dispute about the contractual penalty demand of more than 26,000,000€ of the Premiere Fernsehen GmbH und Co. KG against the Kathrein-Werke KG, the 7th civil division of the Regional Court Munich I has dismissed the case in a current decision.

Category: Media Law, Broadcasting Law, Press Releases, Entscheidungen

General terms and conditions as an intellectual creation

Publication date: 18/06/2009

1091 times read
 :: 806 Votes  

Judgement of OLG Köln (HRC Cologne) of 27/02/2009, file number: 6 U 193/08

General terms and conditions are to be looked as a linguistic work and therefore as a copyright personal intellectual creation. Consequently the unauthorised use by third parties shows an infringement to the detriment of the in copyright matters amended.

Category: Internet Law, Copyright Law, General Terms Law, ZZ_Newsletter, Entscheidungen

Liability in case of cash card misuse

Publication date: 18/06/2009

19812 times read
 :: 13431 Votes  

Judgement of AG Frankfurt/Main (Local Court Frankfurt /Main) of 26/05/2009, file number: 30 C 2223/08-45

In case of the cash card misuse, a bank is not allowed to appeal because of  the circumstantial evidence if it restricts its customer the possibility to upset this (here: Destruction of the confiscated cash card, non-publication of the video recording of the offender)....

Category: Liability, Consumer Law, Economy + Labour & Taxes, Entscheidungen

autoscout24 - bingo!

Publication date: 18/06/2009

9270 times read
 :: 6022 Votes  

Judgement of OLG Hamburg (HRC Hamburg) of 16/04/2009, file number: 5 U 101/08

The software programme "Autobingooo" which searches databases like "autoscout24.de" for certain offers does not damage the copyright database with its searching processes if this multiplies, on this occasion, not substantially and limits itself to a qualitative choice of the offers.

 

Category: Internet Law, Copyright Law, ZZ_Newsletter, Entscheidungen

Unilaterally "eavesdropped"

Publication date: 15/06/2009

8791 times read
 :: 5585 Votes  

Judgement of OLG Brandenburg (HRC Brandenburg) of 30/04/2009, file number: 12 U 196/08

Listening of telephone calls by thirds, without the interlocutor knowing about it, hearing of the thirds as witnesses and the exploitation of the statement injure the constitutional-juridical guaranteed right to own spoken word as a part of the personal right. The protection is cancelled if undesirable listeners are overlooked in immediate nearness or the volume is wrong estimated. If the witness states, however, alone about the listened words of the caller, the rights of the called are not injured.

Category: Telecommunication law, Entscheidungen

In case of warning letter, lawyer and patent lawyer fees shall be refunded

Publication date: 15/06/2009

8181 times read
 :: 5792 Votes  

Judgement of LG Mannheim (Regional Court Mannheim) of 24/03/2009, file number: 2 O 62/08

Whether in case of a warning letter, the fees of a lawyer and/or patent lawyer in the extrajudicial procedure should be refunded, depends, according to § 670 BGB (German Civil Code) on what may be considered necessary in the scope of the administration of a company. Normally, a lawyer is necessary for the legal pursuing in case of warning letters. An additional assignment of a patent lawyer can be necessary since this has an independent competence in trademark juridical circumstances and, in the extrajudicial procedure, it should not be renounced to this special...

Category: Warning letter, Abmahnkosten, Entscheidungen

Post from region Post

Publication date: 12/06/2009

15643 times read
 :: 10677 Votes  

Judgement of BGH (Federal Supreme Court) of 02/04/2009, file number: I ZR 209/06

a) The protection limit of § 23 No. 2 MarkenG (Trademark Act) should be settled within the purpose of obtaining the possibility to all economic parties, to use describing specifications of their products.

b) Because of the use of a describing concept in a sign and according to § 14 paragraph 2 No. 2 MarkenG (Trademark Act), danger of confusion with an older existing trademark which was settled from the describing concept, does not necessarily justify the acceptance of an immoral contract., § 23 No. 2 MarkenG (Trademark Act) ...

Category: Trademark Law, Trademark Cancellation, Company Labelling, Right to the Use of a Name, Entscheidungen

ostsee - POST?!

Publication date: 12/06/2009

11739 times read
 :: 8185 Votes  

Judgement of BGH (Federal Supreme Court) of 02/04/2009, file number: I ZR 78/06

a) The interests of competitors in the use of a describing concept should be considered not in the calculation of the distinctiveness of the case sign, but in protection of § 23 No. 2 MarkenG (Trademark Act) and the protection of known signs within the scope of the attribute “without justifying reason in unfair manner”.

b) The Trademark “POST” is for services in the area of transportation pure describing and has no distinctiveness at an enforcement degree of more than 80%.

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

“All time worst list” broadcasted in foreign TV

Publication date: 12/06/2009

13576 times read
 :: 8509 Votes  

Judgement of LG Köln (Regional Court Köln) of 13/05/2009, file number: 28 O 811/08

A TV-station has broadcasted, in its breakfast programme, foreign broadcasting material several times without licence. This is generally allowed for the purposes of reporting about events of the day (§ 50 UhrG – Copyright Act) and use of citations (§ 51 UhrG – Copyright Act), nevertheless is subject to high requirements. The contribution of foreign material may merely bolster. A new work must be originated. In case of prevailing compositions of foreign film material, the author would be involved in the economic exploitation of his work.

Category: Copyright Law, Media Law, Broadcasting Law, Entscheidungen

Unexpected high expenses using Internet though a mobile phone – No duty to warn

Publication date: 12/06/2009

14331 times read
 :: 8730 Votes  

Judgement of LG Bonn (Regional Court Bonn) of 08/05/2009, file number: 10 O 395/08

In the conclusion of a mobile contract, the customer shall make clear his interest in different rate models for Internet use on the mobile phone. In case of excessive use and thereby high expenses, he cannot appeal to wrong consultation and refuse the payments. The mobile phone provider does not have any duty to inform about the price models and option in which the customer has not shown any recognizable interest during the contract conclusion.

Category: IT Law, Telecommunication law, Entscheidungen

Radio in the office

Publication date: 12/06/2009

13314 times read
 :: 9849 Votes  

Judgement of AG Köln (Local Court Cologne) of 04/06/2009, file number: 137 C 590/08

A customer has connected a radio in the office, afterwards he has gone away. A public reproduction of radio transmissions shall be represented by the manager only if he has known about that and he has wanted it (§ 15 paragraph 2, 3 UrhG – Copyright Act). The fact that he has not asked his employees to interrupt the transmission promptly is not a reliable conclusion.

Category: Copyright Law, Media Law, Broadcasting Law, Entscheidungen

The judges had dark worries

Publication date: 11/06/2009

13868 times read
 :: 9733 Votes  

Decision of LG Frankfurt / Main (Regional Court Frankfurt/Main) of 27/04/2009, file number: 3-06 O 1/09

The judges in the Regional Court Frankfurt have decided that merely the hint of the ebay shop seller, assuring that the stove on sale has been covered with stove blacking, is not enough to disclose the effectiveness of the stove. Knowing that the stove blacking can indeed come off and can smell after firing, a usual potential buyer cannot conclude that the stove does not work at all.

Category: Internet Law, eBay Law, Duty to Inform, Entscheidungen

Undesirable telephone advertisement after concluding a current account

Publication date: 10/06/2009

17979 times read
 :: 12415 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 23/04/2009, file number: 315 O 358/08

The approval clause of a new current account contract regarding the wish to use the service of the bank to be informed also by phone it fax, is too wide. Since the bank, using that clause, also advise about other financial matters exceeding the contractual relationship, an infringement against § 307 paragraph 2 No.1 BGB (German Civil Code) is given and the clause is therefore ineffective.

Category: Consumer Law, Unfair Competition Law, Bothersome Ads, Entscheidungen

Security system

Publication date: 10/06/2009

6937 times read
 :: 4505 Votes  

Judgement of BGH (Federal Supreme Court) of 30/04/2009, file number: Xa ZR 156/04

The jurisprudence of the Federal Court of Justice, to the need of a clear identifiability of the invention, is applicable on the voidness of the absence of a revelation after applying the law.

Category: Trademark Law, Entscheidungen

Missed Signature on petitions of appeal

Publication date: 10/06/2009

7680 times read
 :: 5299 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

Entitled possibilities of a university library for digitization of moved works

Publication date: 10/06/2009

13038 times read
 :: 5144 Votes  

Press release No. 3/09 of LG Frankfurt/Mail (Regional Court Frankfurt/Main) to the judgement of 13/05/2009, file number: 2-06 O 172/09

The 6th Civil Division of the Regional Court Frankfurt has decided in the preliminary injunction about the possibilities of a university library for digitization of moved works and the authorisation to make those available to the users of the library.

Category: Copyright Law, Press Releases, Entscheidungen

T-Mobile - XtraPac

Publication date: 10/06/2009

19663 times read
 :: 13208 Votes  

Judgement of BGH (Federal Supreme Court) of 05/11/2008, file number: I ZR 5/06

If the sales of a mobile phone are promoted together with a prepaid card including a fix start credit, there is no obligation to state the rates for the use of the card, but the package price regarding the mobile phone and the prepaid card. If the mobile phone is locked with a SIM, the durability of the locking and the expenses in case of a premature connection should be made known.

Category: Telecommunication law, Consumer Law, Advertising Law, Unfair Competition Law, Price Quotation, Entscheidungen

Problems with the delivery of the decision of the trademark authority

Publication date: 09/06/2009

6316 times read
 :: 4343 Votes  

Decision of BPatG (German Federal Patent Court) of 03/02/2009, file number 24 W (pat) 43/06

The decision of the trademark authority must be efficiently dispatched to the grantee of a trademark. The proof of delivery from the post is a proof of the existence of an addressee flat and this can weaken his plausible and logical statement assuring he was at the time no longer registered under the address. Besides, a certified dispatch was unsuccessful because of the absence of an appropriate address. The actual fact does not help the missed delivery if a period for appeal has began or, it is not possible to know when the entrance was.

Category: Trademark Law, Entscheidungen
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