If the due process of law of the grantee of a trademark is absent, the trademark re-registration is to be cancelled

Publication date: 09/06/2009

7520 times read
 :: 4265 Votes  

Decision of BPatG (German Federal Patent Court) of 27/04/2009, file number: 25 W (pat) 20/09

The content incorrectness is not enough to justify a cancellation of a transcription. Besides, the due process of law must have been insufficiently granted to a person involved. To prevent abuse when no trademark transcription application signed by all people involved is given, the grantee of the trademark should be given an statement opportunity. Since this does not happened, the due process of law of the grantee of the trademark is infringed and the trademark re-registration should be cancelled.

Category: Trademark Law, Entscheidungen

“New ways with ...” – If a trademark lacks every distinctiveness

Publication date: 09/06/2009

29897 times read
 :: 5584 Votes  

Decision of BPatG (German Federal Patent Court) of 05/05/2009, file number: 33 W (pat) 94/07

In case of easy slogans in form of advertisement messages, the necessary sharpness is often absent. In case of several-word signs or concept combinations, attention should be paid to the fact that the meaning exceeds a general paraphrasing character. Otherwise, as in the particular case of “new ways with energy”, every distinctiveness is missed; the slogan is therefore excluded from the trademark protection.

Category: Trademark Law, Entscheidungen

Knowledge about plans makes dishonest

Publication date: 09/06/2009

9134 times read
 :: 6279 Votes  

Decision of BPatG (German Federal Patent Court) of 22/05/2009, file number: 26 W (pat) 32/08

The applicant is dishonest if, at the registration time, has knowledge of the intention of another, which uses the trademark abroad successfully, to place the trademark in Germany. Knowledge gained from the negotiations between the parties. Particularly, this is the case of business expansion to Germany. The trademark registration serves objectively therefore primarily the encroachment of the development of the competitor. Hence, the trademark should be deleted because of dishonesty. 

Category: Trademark Law, Trademark Cancellation, Entscheidungen

Due process of law infringement through trademark registration

Publication date: 09/06/2009

272594 times read
 :: 26308 Votes  

Decision of BPatG (German Federal Patent Court) of 14/05/2009, file number: 33 W (pat) 97/08

If the trademark authority rejects a trademark registration because of absent protection worthiness, although the registrant has applied a time limit extension to wait for a parallel procedure, the principle of the due process of law, which is also valid for official procedures, has been infringed. This is the case, when in other procedures the protection worthiness of similar stored cases has been accepted.

Category: Trademark Law, Entscheidungen

Wave hits high waves

Publication date: 08/06/2009

29856 times read
 :: 10847 Votes  

Judgement of LG Köln (Regional Court Cologne) of 18/05/2009, file number: 81 O 220/08

The community Welle has no right to the domain "welle.de", because somebody else had already the idea for the domain use long before and the domain name consists of a word which shows a material name and is understood because of unawareness of the community. “Welle” is understood as a thing, as long as it is called without certain complementary quality description as for example "community". Therefore is valid here concerning the domain the priority.

Category: Domain Law, Entscheidungen

Information only about data traffic

Publication date: 08/06/2009

9960 times read
 :: 6687 Votes  

Decision of OLG Frankfurt / Main (HRC Frankfurt / Main) of 12/05/2009, file number: 11 W 21/09

The § 101 paragraph 9 UrhG (Copyright Act) is the basis to authorise a provider not to erase the data wanted by thirds. These permission facts are valid, according to § 96 TKG (Telecommunication Act), only for stored data traffic, however, not for the stored data caused from § 113a TKG (Telecommunication Act). Information about these data to private thirds for legal pursuit should not happen.

Category: Internet Law, Data Protection, Entscheidungen

"TheAuditor" too describing!

Publication date: 08/06/2009

9089 times read
 :: 6599 Votes  

Decision of the BPatG (German Federal Patent Court) of 05/02/2009, file number: 30 W (pat) 56/06

By the assessment of the word result to be registered "TheAuditor", the complete name will be blocked. A narrow describing relation is given, since the subject of the proceeding goods stand in closer connection to the activity or education of an auditor, or provide information about the assignments of the auditor. Hence, the brand lacks the distinctive character.

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

No advertising for revision courses at the university

Publication date: 08/06/2009

6950 times read
 :: 4499 Votes  

Judgement of the OLG Karlsruhe (HRC Karlsruhe) of 13/05/2009, file number: 6 U 50/08 (Kart)

No advertising space in buildings of the university and the student union to rent to commercial revision courses, an allowed boycott call of a university renting advertising spaces to entrusted third. This serves the legitimate interest of the university to prevent advertising of commercial revision courses in its sphere of influence. The university wants to make available a teaching offer that it enables to master the study without other offers. An enlargement and improvement of the education authorises the university, its present practise...

Category: Unfair Competition Law, Entscheidungen

Clauses to the local competence of courts

Publication date: 08/06/2009

14238 times read
 :: 10160 Votes  

Judgement of the EuGH (ECJ) of 04/06/2009, file number: C-243 / 08

The ECJ has decided that abusive contract clauses are not obliging for consumers and an appeal is not necessary. Contract clauses are to be checked by the courts officially; the audit also applies to own local competence. It is a case of the court to ascertain the misuse of the clause. This is given, if such a clause, without being negotiated, assigns exclusive competence to the court in whose district the businessman has his seat. 

Category: General Terms Law, Procedural Law, Consumer Law, Entscheidungen

Unaware exchange

Publication date: 08/06/2009

18068 times read
 :: 12133 Votes  

Decision of OLG Oldenburg (HRC Oldenburg) of 08/05/2009, file number: 1 Ss 46/09

The use of an Internet sharing network does not indicate the fact that the user knows or calculates with, that his downloaded files which are stored in the folder "incoming" are automatically available to all other users of the sharing network.

Category: Internet Law, File Sharing, Entscheidungen

The object of the service is no trademark

Publication date: 08/06/2009

10660 times read
 :: 7571 Votes  

Decision of the BPatG (German Federal Patent Court) of 01/04/2009, file number: 29 W (pat) 10/07

The meaning of a fast erected photo album comes up to the registered trademark as well as next the function of a being in the foreground material specification, but not those of a company origin tip. The concept returns the object of the offered cost-efficient service. To be able to advertise properly, the cost-conscious consumer must additionally be demanded.

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

Specifications for the dispatch

Publication date: 08/06/2009

9663 times read
 :: 6991 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 10/02/2009, file number: I-12 O 12/09

Who against the duty to state about the forwarding expenses for deliveries abroad offends, acts competitive unfairly. The not explained possibility of the insured or uninsured dispatch misleads the consumer, since the risk of the dispatch is only to be carried by the entrepreneur. Besides, may not advertise to deliver original product, which is a self evident fact.

Category: Internet Law, Unfair Competition Law, Entscheidungen

Publication of subsidies

Publication date: 08/06/2009

10124 times read
 :: 6899 Votes  

Decision of VG Karlsruhe (Administrative Court Karlsruhe) of 19/05/2009, file number: 10 K 932/09

The publication of paid subsidies and their consignee can intervene in the data protection fundamental right. Indeed, this is justified by an entitled public interest.  A clear use of public methods as well as an economic budget management is relevant. Besides, the height of the paid sum admits only one conclusion on the managed area.

Category: Internet Law, Data Protection, Entscheidungen

The fact must be right

Publication date: 08/06/2009

12651 times read
 :: 9232 Votes  

Judgement of OLG Hamm (HRC Hamm) of 17/03/2009, file number: 4 U 184/08

Screenshots show no logical thought for the existence of an online offer and, hence, can justify no competitive relation. A compulsory journalistic reporting lies beyond the events according to competition. If an opinion is indirectly expressed, it is enough if it stands in connection with the external appearance, so the fact core of the statement is proved.

Category: Unfair Competition Law, Media Law, Press Law, Entscheidungen

Private parking place: "This is pure rip-off”

Publication date: 05/06/2009

4596 times read
 :: 2996 Votes  

Judgement of BGH (Federal Supreme Court) of 05/06/2009, file number: V of ZR 144/08

Who parks his vehicle against clear advises on a private property and receives it back only after paying the towing fees and collection fees, has against the property owner no repayment claim. Independent of the spatial magnitude of the encroachment, a self-help right is entitled to this. The parking offender acts through forbidden self-given authority and, hence, can derive no claim for unwarranted enrichment of the property owner.

Category: Curiosities, Press Releases, Entscheidungen

Liability for premises of the town for fallen street trees

Publication date: 09/06/2009

8436 times read
 :: 3365 Votes  

Judgement of OLG Celle (HRC Celle) of 14/05/2009, file number: 8 U 191/08

According to § 839 BGB (German Civil Code) i. V. m. Article. 34 GG (Basic Laws), an action, in exercise of a public office on the part of a community, is also given when the community hires a private enterprise to remove a sidewalk swelling, this company removes roots of a tree standing in the street, which later, in the absence of enough anchorage, falls down and a drive past cyclist is injured. (...)

Category: Curiosities, Entscheidungen

Welcome to life

Publication date: 05/06/2009

9572 times read
 :: 6455 Votes  

Decision of BGH (Federal Supreme Court) of 04/12/2008, file number: I ZR 48/08

a) The registration of goods and services in the index can be limited concerning their content (here: Restriction of the registration of goods and services “picture and sound carrier, printer products, offering and mention stored information on a database” on certain areas).

b) The word result “welcome to life” is for goods and services “picture and sound carrier, printer products, offering and mention stored information on a database” has no distinctiveness, § 8 paragraph 2...

Category: Trademark Law, Entscheidungen

Statement face to face with the casualty insurance

Publication date: 05/06/2009

9838 times read
 :: 5183 Votes  

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main), file number: 7 U 185/08

If the policy holder has already informed the casualty insurance about the circumstances surrounding the case and the insurance has held this for enough to give them to an expert, after the refund of the assessed values it concerns the casualty insurance to decide and to inform the policy holder about which complementary information he still needs. The policy holder must not accept the request to give the opinion about the assessed value.

Category: Curiosities, Consumer Law, Entscheidungen

ahd.de domain name battle

Publication date: 03/06/2009

15162 times read
 :: 9586 Votes  

Judgement of BGH (Federal Supreme Court) of 19/02/2009, file number: I ZR 135/06

We had already reported about the press release 39/2009 to the judgement, now the full text is given.

The registration of a domain name can fulfil only by presentation of special circumstances the facts of an unfair competitor's impediment and justify a claim to delete the domain name.
Such circumstances are not already given if the domain owner registers a huge number of domain names to offer them to potential prospective customers; to the purchase or to the payable use, and one of these domain names...

Category: Domain Law, Internet Law, IT Law, Entscheidungen

No own complaint right

Publication date: 02/06/2009

10476 times read
 :: 7103 Votes  

Decision of the OLG Köln (HRC Cologne) of 05/05/2009, file number : 6 W 39/09

A connection holder, who is unknown in the decision on the kind of information, has no own complaint right. Since, by the judicial permission of the identity revelation, he is not directly burdened. Against it, the ordinary law judicial decree allows an independent and effective legal control before the permission.

Category: Procedural Law, Copyright Law, Entscheidungen
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