Advertising the activation of “fat-eater” hormones without any scientific background

Publication date: 12/01/2011

16579 times read
 :: 10687 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/11/2010, file number: I-4 U 88/10

It is illegal to advertise with the effect of food that does not join the current scientific knowledge or which proof is not scientifically provided. Thus, the advertising of capsules that are supposedly “fat-eaters” stimulating the body’s own slimming hormone without providing any study proof is misleading. In particular, consumers who suffer from their obesity are often less critical to new products being advertised and therefore more vulnerable than other consumers.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Pharmaceutical Law, Food Law, Entscheidungen

As Internet connection holders, parents are liable for their (teen) children

Publication date: 12/01/2011

71953 times read
 :: 32414 Votes  

Decision of LG Köln (Regional Court Köln) of 01/12/2010, file number: 28 O 594/10

According to the Regional Court of Cologne, the fact of the regular reporting should have met the public consciousness that, by handing over an Internet connection to thirds, right infringements are not implausible. Therefore, parents must ensure, through consistent performance of their duties, that copyright infringements do not occur.

Category: Internet Law, File Sharing, Liability, Media Law, Music Law, Copyright Law, Entscheidungen

Minors as alcohol test buyers

Publication date: 06/12/2010

13594 times read
 :: 8866 Votes  

Judgement of the LG Hamburg (Regional Court Hamburg) of 02/09/2010, file number: 416 O 78/10

Service station operators are not allowed to sell any alcoholic drinks to minors. To prove such an infringement of the competition law, a minor is permitted to act as an underage test buyer provided that the minor purchases the alcohol only for the purposes of the test purchase and not for the own consumption.

Category: Consumer Law, Unfair Competition Law, Entscheidungen

Modernization of a copyrighted building

Publication date: 22/11/2010

8942 times read
 :: 5502 Votes  

Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 06/10/2010, Az: 4 U 106/10

During modification of a copyrighted building, the interest in the modernization outweighed the interest of the author of an unmodified maintenance of the building. Balancing of interests, the modification should include the nature and scope of the protected structure and the remaining protective effect of the relevant copyright law, which, however, reduces the expiry of the protection time. Any possible planning alternatives and their costs implications should not be really taken into account as general and public interests.<span style="font-weight:...

Category: Copyright Law, Architects Copyright Law, Entscheidungen

Prohibition of chargeable poker games on the Internet

Publication date: 19/11/2010

12082 times read
 :: 7386 Votes  

Decision of VG Wiesbaden (Administrative Court Wiesbaden) of 12/08/2010, file number: 5 L 142/10.WI

Public gambling is not allowed in Germany without the competent authority’s permission. Since poker is to be considered as gambling in accordance with the majority view, the organizing of chargeable poker games on the Internet is forbidden and falls within the scope of the gambling treaty and the gambling laws of the country. The parties concerned should decide the corresponding prohibition order in detail. 

Category: Internet Law, Gambling Law, Entscheidungen

GEZ employees effectively banned from the premises

Publication date: 19/11/2011

19233 times read
 :: 12145 Votes  

Judgement of AG Bremen-Blumenthal (Local Court Bremen-Blumenthal) of 23/08/2010, file number: 42 C 43/10

Property owners may restrain GEZ employees from unreported and unauthorised trespassing and, GEZ employees may also be banned from premises. This could happen provided that the GEZ employees’ purpose is obtaining the necessary information to collect the license fee. GEZ is not entitled to get any other information as the stated on the broadcasting contract. In case that the ban from the premises is infringed, the property owner’s privacy may be violated.

Category: Media Law, Broadcasting Law, German TV and Radio Licensing Office, Personality Right, Entscheidungen

“Kaffeerösterei Freiburg” cannot be protected

Publication date: 04/11/2010

14602 times read
 :: 8536 Votes  

Decision of BPatG (Federal Patent Court) of 19/10/2010, file number: 25 w (pat) 200/09

The mark “Kaffeerösterei Freiburg” cannot be protected as a trademark since this would be contrary to the protection of the § 8 para. 2 MarkenG (Trademark Act). “Kaffeerösterei Freiburg” merely describes that the offered goods and services are those produced in a coffee roasting in Freiburg. The necessary distinctive facts regarding the origin from a particular company are missed.

Category: Trademark Law, Trademark Registration, Entscheidungen

"POST" remains as a trademark

Publication date: 04/11/2010

105381 times read
 :: 10764 Votes  

Decision of BPatG (Federal Patent Court) of 29/10/2010, file number: 26 W (pat) 27/06

The cancellation of the coveted trademark “POST”, concerning delivery services, has been rejected by the Federal Patent Court. “POST” can be classified as a trademark since the word, as a denominative mark is adequate to distinguish goods and services. Though, the trademark consists merely of an indication, which may serve to designate a characteristic of the services. However, the protection released from § 8 para. 2 MarkenG (Trademark Act) avoids the cancellation since the word “POST” is established on the relevant field of business.

Category: Trademark Law, Trademark Cancellation, Entscheidungen

“Pontifex” will not be a trademark for beer

Publication date: 26/10/2010

11895 times read
 :: 7916 Votes  

Decision of BPatG (Federal Patent Court) of 23/04/2008, file number: 26 W (pat) 117/06

The name “Pontifex” cannot be registered as a trademark for beer. Since in an important number  of situations the name “Pontifex” is used with matters related with the pope, the use of the name as a beer brand would not only be a gross breach of taste, but also a could be offensive from the religious point of view.

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

YouTube liable copyright infringement through video clips

Publication date: 25/10/2010

15436 times read
 :: 8193 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 03/09/2010, file number: 308 O 27/09

YouTube is liable for the contents of videos anonymously uploaded, which infringes the copyright law. This follows from the principle “to make one’s own” foreign contents since from the point of view of an objective observer, the videos can be understood as from the internet platform itself. 

Category: Internet Law, Liability, Media Law, Top Decisions, Entscheidungen, Judgements

Slap for 1 & 1 – Higher Regional Court Koblenz declares many terms and conditions clauses invalid

Publication date: 25/10/2010

14798 times read
 :: 10252 Votes  

Judgement of OLG Koblenz (Higher Regional Court Koblenz) of 30/09/2010, file number: 2 U 1388/09

In a recent judgement, the Higher Regional Court has dealt with the general terms and conditions of a provider of web hosting contracts.

Thus, hereafter, a clause is particularly ineffective. This states that an alteration of the contract with the user of the terms could be possible if this is reasonable for the customer and the costumer does not disagree. The limitation that the alteration of the contract must be “reasonable” for the parties is too vague.

Category: Warning letter, Abmahnkosten, General Terms Law, Entscheidungen

Credit- and cash cards fees settled by airlines are not permitted

Publication date: 25/10/2010

31412 times read
 :: 17255 Votes  

Judgement of BGH (Supreme Court) of 20/05/2010, file number: Xa ZR 68/09

a) Following clause, found in the general terms and conditions of an airline, which offers its services almost exclusively as distant sales, has been reviewed:

“Since security and administrative costs have increased, Ryanair will not accept any cash payments for the tickets, fees and costs for the excess luggage and sport equipment.”

b)  Following clause of the general terms and conditions of a company of that kind disadvantages the passenger inappropriately, contrary to the principle of equity and good faith and is, therefore, invalid:

"(1) credit card fee per...

Category: General Terms Law, Long Distance Sales Act, Consumer Law, Unfair Competition Law, Entscheidungen

Slogan "KEEP THE CHANGE" can be registered as a trademark

Publication date: 07/10/2010

16146 times read
 :: 7562 Votes  

Judgement of BPatG (Decision of the Federal Patent Court) of 20/07/2010, file number: 33 W (pat) 65/09

The advertising slogan "KEEP THE CHANGE" is registered as a trademark for services in finance and banking. The necessary distinctive character exists since the phrase is indeed an expression of the English vocabulary, concerning the services it is not purely descriptive but rather in need of interpretation.

Category: Trademark Law, Trademark Registration, Entscheidungen

"Golden Toast" is not a Community trademark

Publication date: 25/08/2010

11099 times read
 :: 7257 Votes  

Judgement of the Court of Justice of the European Union of 19/05/2010, file number: T-163/08

According to the European Court, the word mark "Golden Toast" cannot be registered as a community trademark. The registration is contrary to the purely descriptive quality of the term. In Germany might be "Golden Toast" understood as operating origin. In English, however, the term would refer to a product “suitable for toasting” and golden coloured. The refusal in one part of the community denies the trademark registration in general.

Category: Trademark Law, Trademark Registration, Company Labelling, Entscheidungen

Advertising with free delivery without mentioning the surcharge for small volume is anticompetitive

Publication date: 23/08/2010

17212 times read
 :: 8013 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/05/2010, file number: 4 U 32/10

The advertising of a company with the words "Online orders will be delivered free of charge within Germany and Austria” is inadmissible and therefore misleading since the consumer is not informed that extra costs will be charges in case that that the order amounts less than 50 euro net. The customer is thus misled concerning the end price to be paid.

Category: Unfair Competition Law, Consumer Law, Entscheidungen

Our terms and conditions also in FOCUS Magazine

Publication date: 23/08/2010

33188 times read
 :: 20400 Votes  

The computer magazine CHIP recently published our large terms and conditions test, in which lawyer Hagen Hild (Terms and Conditions Law) and lawyer Martin Bachmann (Privacy Policy) examined dozens of terms of use, licence agreements and privacy policies of the major providers such as Microsoft, Google and Facebook. This study has now been mentioned in the FOCUS magazine.

Category: intern, Interviews, General Terms Law, Data Protection, Internet Law, IT Law, Consumer Law

Misleading advertising in book reprint

Publication date: 18/08/2010

15941 times read
 :: 11032 Votes  

Judgement of OLG Köln (Higher Regional Court Cologne) of 11/06/2010, file number: 6 U 23/10

A publisher is not allowed to advertise a new edition of a book, which has experienced changes in content and format, without informing about the true contents of the book compared to the original work. An example is the advertising of a new edition of a well-known book from Helmut Newton, which was published in a reduced format and in which 74 pictures were replaced by other motives. The Higher Regional Court Cologne confirmed the injunction against the publisher so that the use of six advertising messages, such as “Resurrection of the book”, is inadmissible....

Category: Copyright Law, Advertising Law, Media Law, Entscheidungen

Not every use of a foreign patent is also a violation

Publication date: 16/08/2010

14630 times read
 :: 6949 Votes  

Judgement of LG Mannheim (Regional Court Mannheim) of 12/02/2010, file number: 7 O 84/09

If an execution method uses only minor elements of a foreign proceeding, this foreign patent procedure would not be violated. Minor elements are those that do not contribute to the performance of the results of the protected process, but those that only are the object. The user of a foreign patent infringes that patent if he violates a legal duty which protects the patent.

Category: Patent Law, Entscheidungen

Discount only for goods in stock

Publication date: 12/08/2010

17224 times read
 :: 9257 Votes  

Judgement of BGH (Federal Supreme Court) of 10/12/2009, file number: I ZR 195/07

Advertising with a significant discount offends the transparency controlled on § 4 No. 4 UWG (Fair Trade Act) if it is not clearly indicated that such discount should be only applied to the goods, which already are in stock. This applies even if the rebate is only temporary – as on the advertising day, for example.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

CHIP – important Terms and Conditions Check with lawyer Hild

Publication date: 06/08/2010

198346 times read
 :: 26232 Votes  

Important Terms and Conditions Check and interview with lawyer Hild in the CHIP September 2010 edition

“Im AGB-Dschungel” (“In the jungle of Terms and Conditions”) is the title of the wide terms and conditions check of CHIP. The law firm Hild & Colleagues has checked, for the well-known computer magazine CHIP, hundreds of pages containing terms and conditions, terms of use, licence agreements and privacy policies in the field of Internet and IT. The law firm has also legally tested numerous clauses for CHIP. For this purpose, certified lawyer Hagen Hild (certified lawyer in IT-Law and certified lawyer in Protection of Industrial Property) has analysed...

Category: intern, Interviews, General Terms Law, Data Protection, IT Law, Internet Law, Consumer Law
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