Imprint infringements are admonishable

Publication date: 25/05/2009

36499 times read
 :: 27379 Votes  

Judgement of OLG Hamm (HRC Hamm) of 02/04/2009, file number: 4 U 213/08

Once again a court finds out that the absence of specifications in the imprint of a web page, as for example specifications to the trade register or to the sales tax number, are reasons to warn the website operator. Such reprimandable competitive offence is no bagatelle since; thereby, the consumer misses indications which he needs in case of possible appearing problems.

Category: Warning letter, Internet Law, Imprint, Duty to Inform, Entscheidungen

Bob Dylan remains at Sony Music

Publication date: 28/04/2009

11251 times read
 :: 8121 Votes  

Judgement of EuGH (ECJ) of 20/01/2009, file number: C-240 / 07

Music titles recorded before the 1st of January, 1966 enjoy no copyright protection according to German Law. On the directive 2006 /116 / EC of the European Parliament and of the Council, works from before 1966 are also registered. Also citizens from outside the European Community are registered. European directives have precedence. Thus, works of the American Bob Dylan produced between 1958 and 1965 are also protected by copyright and may not be unjustified copied on sound carrier.

Category: Copyright Law, Media Law, Music Law, Entscheidungen

Sport kills

Publication date: 28/04/2009

271569 times read
 :: 23392 Votes  

Press release of LG Coburg (Regional Court Coburg) of 20/03/2009, file number: 23 O 249/06

Because of the high injury danger of his members high controlling requirements meet the studio operating authority of a professional fitness studio. Provided that it comes by defective and / or not skilled machine controls to personal damages, the fitness studio must refund for the injured compensation and the future consequential costs. The members may count on a proper state of the training machines.

Category: Curiosities, Press Releases, Entscheidungen

0.99 cents can be astonishing

Publication date: 27/04/2009

16574 times read
 :: 11651 Votes  

Judgement of AG München (Local Court Munich) of 18/02/2009, file number: 6 W 4/09

If an Internet site promotes an inexpensive “test membership”, a clause about monetary compensation which is hidden in the following continuous text would be considered as astonishing.
The same applies to a lengthening clause which is hidden in the heading “Payment and Prices” and is not mention under the category “Contract Period” or “Contract Lengthening”.

Category: General Terms Law, Suscription Trap, Consumer Law, Entscheidungen

No payment claim in case of "cost traps" on the Internet without clear advice to monetary compensation

Publication date: 20/04/2009

16056 times read
 :: 10999 Votes  

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main) of 04/12/2008, file number 6 U 187/07

In case of the as “cost traps” known on the Internet, the supplier of the particular site has no right to payment against the user if no clear monetary compensation in the offer or on the web page is given, and a clear  payment duty is missed. The same applies particularly when the supplier of the site wants to deceive the user intentionally about the monetary compensation.

Category: Warning letter, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

Profit achievement intention not necessary to be classified as an entrepreneur

Publication date: 15/04/2009

28045 times read
 :: 17047 Votes  

Judgement of LG München I (Regional Court Munich I) of 07/04/2009, file number: 33 O 1936/08

Who buys and sells certain things which are not assigned to the everyday life, also on small scale, on eBay and also without profit achievement intention, is entrepreneur according to § 14 BGB (German Civil Code). This would be understood in particular if inspection dates have been agreed for the objects. Only low demands are to be made in this respect to the entrepreneur's quality.

Category: eBay Law, Imprint, Law on Sales, Entrepreneurial Activity, Entscheidungen

Certificate of quality for lawyers

Publication date: 15/04/2009

13616 times read
 :: 7429 Votes  

Judgement of LG Köln (Regional Court Cologne) of 03/02/2009, file number: 33 O 353/08

In case lawyers’ quality was checked, this quality should be clearly recognisable on the conferred certificate. The advertising of such certificate is delusive, even if it suggests the criteria is objective, while actually, it is installed in the testing centre’s sole discretion. 

Category: Advertising Law, Professional Law, Entscheidungen

"Das Örtliche" as a local advertising platform

Publication date: 15/04/2009

9875 times read
 :: 6743 Votes  

Judgement of LG Paderborn (Regional Court Paderborn) of 24/02/2009, file number: 7 O 67/06

If a service company is promoted in "Das Örtliche", is to be assumed that this company enterprise is settled in the searched place or town. Nevertheless, misdirection is not given in case the searched company moves after the phone book editorial deadline, which means it is still promoted under its old address. 

Category: Advertising Law, Professional Law, Entscheidungen

Liability for Thumbnails in web search engines

Publication date: 14/04/2009

30275 times read
 :: 22258 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 26/09/2008, file number: 308 O 248/07

Holding copyright pictures ready as "thumbnails" in the database of a picture search engine means a publicly accessibility in terms of § 19a UrhG (Copyright Act), which is not covered by copyright regulations and for which the picture search engine operator is liable as offender.

Category: Internet Law, Liability, Web Search Engine, Copyright Law, Entscheidungen

Wild quarrel about wild guys (“wilde Kerle”)

Publication date: 30/03/2009

18885 times read
 :: 12335 Votes  

Judgement of LG München (Regional Court Munich) of 23/01/2009, file number: 21 O 13662/07

An illustrator, due to the drawing of figures or drawing of scenes with doubtful figures, does not become a co-author of the literary characters or the whole literary work. Hence, this helps neither immediately nor indirectly in doubtful works and can raise no claims for compensation.

Category: Media Law, Celebrities, Copyright Law, Design Law, Press Releases, Entscheidungen

Looking forward to new colours

Publication date: 30/03/2009

18331 times read
 :: 12441 Votes  

Decision of LG Coburg (Regional Court Coburg) of 27/02/2009, file number: 33 S 102/08

The one, who orders from catalogue selling, may trust on the fact that goods will be delivered as ordered. If the mail-order firm is not able to do this, it vouches for the customer for damages. Then he can require expenditure substituted which he has made relying upon the delivery. Condition: They are "in vain" for him because of the non-delivery.

Category: Internet Law, Long Distance Sales Act, Liability, Consumer Law, Press Releases, Entscheidungen

Right to refund instead of right of withdrawal

Publication date: 25/03/2009

22853 times read
 :: 14509 Votes  

Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08

The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.

Category: Internet Law, eBay Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Entscheidungen

Liability for web search engines hits

Publication date: 25/03/2009

20453 times read
 :: 12862 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 08/07/2008, file number: 27 O 536/08

A web page operator has to provide for the fact that personality-abusive statements disappear completely from his Internet offer. Therefore he is also obliged to block any web search engine hits not to show them.

Category: Internet Law, Domain Law, Liability, Web Search Engine, Entscheidungen

Significant communicative device features for delusive advertisement

Publication date: 06/03/2009

15437 times read
 :: 10605 Votes  

Judgement of BGH (Federal Supreme Court) of 11/09/2008, file number: I ZR 58/06

Advertisement is delusive for the consumer when the average consumer is not able to gain essential information from the advertisement. The significant communicative device features shall be considered. In case of television commercials, the consumer should consider audio-, as well as video information. (§5 paragraph 2 clause 1 UWG – Fair Trade Law; article 7 paragraph 1 and 3 of the guideline 2005/29/EG about unfair business internships).

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

Damages with no plausible legal position

Publication date: 06/03/2009

12799 times read
 :: 6901 Votes  

Judgement of BGH (Federal Supreme Court) of 16/01/2009, file number: V ZR 133/08

A contradicting party, which requires from the other contracting party something that according to the contract is not owned, or which executes a right to alter a legal relationship that does not exist, violates its obligation to thoughtfulness according §241 paragraph 2 BGB (German Civil Code) and acts contrary to duty according to §280 paragraph 1 clause 1 BGB (German Civil Code).

Category: Law on Sales, Internet Law, Entscheidungen

Abusing of numerous similar treated warning letters

Publication date: 06/03/2009

9956 times read
 :: 6133 Votes  

Judgement of LG Bonn (Regional Court Bonn) of 03/01/2008, file number: 12 O 157/07

A small business acts abusive (§8 paragraph 4 UWG – Fair Trade Law) when pursues beyond its core areas numerous parallel legal proceedings as decisive plaintiff, which serve to generate the appearance of an immediate competitor in order to achieve other high incomes and most likely to take an interest in it. To prevent efficiently such an abuse, the decisive plaintiff meets himself the burden of proof. The abuse shall be officially checked. The prior presumption according to §12 UWG (Fair Trade Law) does not intervene for proper considerate reasons.

Category: Abmahnung Rechtsmissbrauch, Warning letter, Entscheidungen

Blameless liability of ebay account owners

Publication date: 02/03/2009

21626 times read
 :: 14392 Votes  

Decision of LG Hamburg (Regional Court Hamburg) of 22/09/2008, file number: 310 O 357/08

The unlicensed use of a photo (§72 UrhG - Copyright Act) on the Internet (here: ebay) is to be understood as a public available-making in terms of §19a UrhG (Copyright Act). An injunctive relief and removal claim of the right holder (§97 I UrhG - Copyright Acts) arises from it. The omission duty applies because of the supposed repetition risk to all still retrievable pictures which may be removed. For clearing the supposition it requires the release of a serious and adequately penal-reinforced undertaking to cease and desist. On this case, it does not depend on a...

Category: eBay Law, Photo Law, Copyright Law, Entscheidungen

Lawsuit costs right after injunction acknowledgement

Publication date: 02/03/2009

14815 times read
 :: 9610 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 29/01/2009, file number: 327 O 583/08

If the behaviour of the defendant does not originate a claim, the plaintiff must carry the costs of the proceedings. As in dispute over commercial trade practises via statutory declaration, most probably because a missing access of the warning letter which postal and electronic receipt was already received by the defendant, this does not originate a claim. This is also valid if the defendant recognises conclusive arrangements except the order for payment of costs. The plaintiff must pay the costs of the proceeding.

Category: Abmahnkosten, eBay Law, Entscheidungen

A real bargain

Publication date: 02/03/2009

21864 times read
 :: 15700 Votes  

Judgement of AG München (Local Court Munich) of 09/05/2008, file number: 223 C 30401/07

The setting up of a sales offer in an Internet platform (here Ebay) is an active binding offer on conclusion of the purchase contract (§§145 and the following BGB - German Civil Code) to the highest bid and precisely not an auction (§156 BGB - German Civil Code). The double setting up of an article is not an obstacle for an effective declaration of intent, since a confidential reservation (§116 p. 1 BGB - German Civil Code) of the seller is given. Should the offer not correspond to the will of the setting up, a prompt rescission is likewise considered. We already...

Category: Internet Law, eBay Law, Entscheidungen

"The fastest supplier DSL all over the country!"

Publication date: 27/02/2009

21586 times read
 :: 15178 Votes  

Judgement of LG Köln (Regional Court Cologne) of 25/09/2008, file number: 84 O 15/08

The advertisement of a telecommunication supplier, that it offers itself as the fastest DSL connection in the federal territory is unfair according to §§3, 5, 8 UWG (fair trade law), it is misleading for the general consumer.

Category: Internet Law, Telecommunication law, Consumer Law, Advertising Law, Unfair Competition Law, Comparative Advertising, Entscheidungen
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