WIPO: New fees by international brand registration for the Republic of Korea

Publication date: 27/02/2009

7279 times read
 :: 4833 Votes  

Notification of the WIPO No. 07/2009 of 19/02/2009

In accordance with Rule 35(2)(d) of the Common Regulations under the Madrid Agreement and Protocol, the Director General of the World Intellectual Property Organization (WIPO) has established the following new amounts of the individual fee by international brand registration for the Republic of Korea.

Category: Trademark Law, Entscheidungen

Erroneous IP address mistake

Publication date: 26/02/2009

28972 times read
 :: 17072 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 21/11/2008, file number: 310 S 1/08

The invoicing enterprise, due to wrong solicitor information, must not pay the costs of any lawyer's fees for the counter warning letter of the erroneous opposing party, as long as it does not represent any takeover negligence. Particularly, the defendant enterprise may trust the solicitor advice. Because of an erroneous mistake of the IP address by the Internet provider, the plaintiff was accused to offer predominantly music files on the Internet without approval of the right holders.

Category: IT Law, Internet Penal Law, Warning letter, Procedural Law / Costs, Entscheidungen

Claims against competitors with contractual use of a brand

Publication date: 26/02/2009

11001 times read
 :: 7733 Votes  

Judgement of LG Köln (Regional Court Cologne) of 29/01/2009, file number: 31 O 537/08

If the use of a brand is agreed on by contract to the manufacturers for model creations (here model railway), they are entitled to omission against a competitor who uses the brand without such contract. However, as a licensee the assertion is denied by information claims, calculation submission claims and claims for compensation.

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

Proof of delivery does not proof that addressee lives under delivery address

Publication date: 26/02/2009

14974 times read
 :: 10053 Votes  

Decision of LG Saarbrücken (Regional Court Saarbrucken) of 08/12/2008, file number: 5 T 410/08

A proof of delivery does not proof, according to §418 paragraph 1 ZPO (Civil Process Order), that addressee lives under delivery address. Indeed, the delivery employee explains, he has not found the delivery addressee in his flat, a proof-strong clue for the fact that the delivery receiver has lived under the delivery address.   This indicative effect of the substitution delivery and its registration can disable the delivery receiver only by a plausible, logical statement...

Category: Procedural Law, Procedural Law / Costs, Consumer Law, Entscheidungen

Sex and the city - no broadcast before 20:00 o'clock

Publication date: 26/02/2009

17905 times read
 :: 9014 Votes  

Judgement of VG Berlin (Administrative Court Berlin) of 28/01/2009, file number: VG 27 A 61.07

With the broadcast of an episode of the serie „Sex and the city “ before 20.00 o'clock ProSieben has offended against the Protection of Young Persons Act, because it could possible prejudice the development of children under 12 years, according to the youth medium protection agreement between the Federal States (JMStV). With these grounds the administrative court Berlin has rejected the claim of the television broadcasting station against an objection decision of the media institution of Berlin-Brandenburg (MABB).

Category: Youth Protection, Media Law, Entscheidungen

Celebrities’ pictures in private affairs

Publication date: 26/02/2009

24452 times read
 :: 14708 Votes  

Press release of BGH (Federal Supreme Court) of 17.02.2009, file number: VI ZR 75/08

Also celebrities are able to prohibit the publication and spreading of photos, which were taken in public, if these exhibit private life processes. The right on personality free development is priority in such situation.

Category: Media Law, Photo Law, Celebrities, Press Law, Press Releases, Entscheidungen

To the admissibility of the Adword advertisement with Google

Publication date: 16/02/2009

13187 times read
 :: 8854 Votes  

Judgement of BGH (Federal Supreme Court) of 22/01/2009, file number: I ZR 125/07

In three announced decisions, the I civil court of appeal of  the Federal Court of Justice, responsible for Trademark Law, has got involved with trademark jurisdiction judgement on the use of external signs as keywords to trigger the display on sponsored ads in the search engine operator Google (so called Adwords).

Category: Internet Law, Trademark Law, AdWords, Entscheidungen

Private Function - claim for damages by music reproduction at wedding?

Publication date: 11/02/2009

13228 times read
 :: 9066 Votes  

Judgement of AG Bochum (Local Court Bochum) of 20/01/2009, file number: 65 C 403/08

Also with numerous invited guests and without need of presentation of a written invitation, the reproduction of a piece of music at a wedding means no injury of the copyright if just personally invited guests take part in the event and thereby all visitors generate the feeling that they belong to a private function.

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

Trade union advertising by e-mail

Publication date: 11/02/2009

24331 times read
 :: 16622 Votes  

Judgement of BAG (Labour Court) of 20/01/2009, file number: 1 AZR 515/08

A rate-responsible trade union is allowed to send advertisement and information to employees to their official e-mail address, even if the employer has prohibited its private use.

Category: Telecommunication law, Economy + Labour & Taxes, Labour Law, Internet Law, IT Law, Press Releases, Entscheidungen

Jactitation suit by unauthorised committed actions

Publication date: 11/02/2009

14124 times read
 :: 9238 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: IX ZR 124/08

The proceeding of the creditor for the removal of a contradiction of the debtor against the registration of a demand per se due to a deliberately committed tortious act is not bound to the observance of a claim limitation....

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

Deletions of register trademarks

Publication date: 11/02/2009

5581 times read
 :: 3697 Votes  

Judgement of OLG Braunschweig (HRC Braunschweig) of 18/11/2008, file number: 2 U 40/07

If a register trademark is neither completely unused nor used in the full extension of the registered goods and services, a complete deletion is rejected according to §§ 55 paragraph 1 and paragraphs 2 No 1, 49 paragraph 1 p. 1 and paragraph 3 and 26 MarkenG (Trademark Act)...

Category: Trademark Law, Entscheidungen

Child warmth cushions

Publication date: 21/01/2009

9652 times read
 :: 6494 Votes  

Judgement of BGH (Federal Supreme Court) of 17/07/2008, file number: I ZR 168/05

A summary of several or all offence to one single infringement against an omission command after the principles of the natural unity of action or an action in the legal sense diverges if the parties have agreed on a contractual penalty for every single sold product.

Category: Copyright Law, Design Law, Entscheidungen

Trademark and product piracy on the Internet

Publication date: 14/07/2008

9119 times read
 :: 5325 Votes  

Why should we develop when copy is so easy?

Enterprises invest a lot of money in products and patents to develop them market ready and to set trademarks up successfully. Therefor, the enterprises must advance the funds. These development expenses must be laboriously amortised through the sales of the products. We support your enterprise in the struggle against product piracy.

Category: Unfair Competition Law, Trademark Law

Car depreciation by purchase and sale within one year is tax deductible

Publication date: 16/06/2008

13911 times read
 :: 9553 Votes  

Judgement of BFH (Federal Finance Court) of 22/04/2008, file number: IX R 29/06

The disposal of a used car within one year after acquisition is taxable according to § 23 paragraph 1 clause 1 No. 2 EStG (Income Tax Act). The law registers, differently than former versions of the Income Tax Act, all assets in the private fortune. In this case, a used car is, as a physical object, a thing and there an asset.

Category: Tax Law, Consumer Law

Production of an itimised bill may not be made dependent by payment

Publication date: 02/07/2007

19240 times read
 :: 13885 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 02/07/2003, file number: 26 O 78/03

The regional court Berlin has decided about the customer requests for an itimised bill, although he has not done this before the decisive accounting period, that, this itemisation of the connecting dates cannot be dependent to a previous payment of the remuneration, according to §16 TKV (Telecommunication Act).

Category: Dialer Law

No content control of the clauses in case of authorised collective pay structures by the Federal Network Agency

Publication date: 24/05/2007

14491 times read
 :: 9564 Votes  

Judgement of BGH (Federal Supreme Court) of 24/05/2007, file number: III ZR 467/04

The clauses which are a component of one of the regulation authority for telecommunications and post (now federal net agency) of authorised collective pay structures for the granting of a net access are not defeated by the content control after §§9 to 11 AGBG – General Terms and Conditions Act (now §§307 to 309 BGB – German Civil Code); continuation of the senate judgement of July 2nd, 1998 - III ZR 287/97.

Category: Dialer Law, Telecommunication law, News & Judgements 2007, Internet Law

Burden of proof distribution for correctness of the telephone bill using added value services

Publication date: 05/04/2007

15799 times read
 :: 10988 Votes  

Judgement of OLG Koblenz (HRC Koblenz) of 05/04/2007, file number: 2 U 42705

The subscriber network operator has no original entitlement to remuneration for the added value services from a customer who dialled a 0190 number...

Category: Dialer Law, Telecommunication law, Consumer Law, News & Judgements 2007, Internet Law
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