The right of withdrawal in case of railway tickets sale on the Internet

Publication date: 30/07/2010

24608 times read
 :: 13554 Votes  

Judgement of OLG Frankfurt / Main (Higher Regional Court Frankfurt / Main) of 15/04/2010, file number: 6 U 49/09

Consumers have basically a right of withdrawal from distance contracts.  This excludes, however, and according to § 312 b paragraph 3 BGB (German Civil Code) services related to carriage in case that this service should be provided within a defined period. With this exceptional rule, entrepreneurs should not be disproportionately burdened. In case that a buyer purchases a train ticket over the Internet and he has the possibility to make two single train journeys with this ticket within 11 weeks, than this exceptional rule would be...

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

Advertising with non-deliverable goods, without pointing it out, is misleading

Publication date: 30/07/2010

15697 times read
 :: 6607 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 22/04/2010, file number: I-4 U 205/09

Provided that products are offered on the Internet without reference about their availability, means that the goods can be immediately shipped. In case that an immediate delivery is not possible and there is no reference of this on the add, then this advertisement is misleading and anti-competitive.

Category: Unfair Competition Law, Advertising Law, Entscheidungen

Fees re-adjustment for mobile calls in other EU countries

Publication date: 29/07/2010

10290 times read
 :: 7259 Votes  

Press release of the Federal Network Agency dated 30/06/2010

Only a month ago, the European Court has decided that the regulation 717/2007 of the European Parliament about the regulation of roaming fees in other European countries, is legal. Since 1st July 2010, the roaming costs for mobile calls have been again reduced. Consumers pay a maximum of 39 cent/minute for outgoing calls in other EU country, a maximum of 15 cent/minute for incoming calls and not more than 11 cent for text messages (all prices excl. VAT).

Category: Telecommunication law, Consumer Law, Press Releases, Entscheidungen

“Stimmt´s” is protected as a newspaper title

Publication date: 26/07/2010

8678 times read
 :: 5968 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 12/05/2010, file number: 3 U 58/08

The name “Stimmt´s”, for the heading of a quality weekly newspaper, is protected. This happens since the colloquial form of the question has a minimum level of originality and a distinctive character for the consumer. The operator of a commercial Internet portal is therefore not allowed to use the name “Stimmt´s” for the knowledge rubric of his website, which is concerned with similar matters. 

Category: Trademark Law, Company Labelling, Entscheidungen

"Masterpiece" is not suitable as a mark for furniture

Publication date: 23/07/2010

12533 times read
 :: 7921 Votes  

Judgement of BPatG (Decision of the Federal Patent Court) of 02/06/2010, file number: 28 W (pat) 34/10

The trademark "Masterpiece" cannot be protected as a trademark for furniture, especially for waterbeds, since it does not represent a mark of origin of a particular company. The target audiences understand the term as excellent, something of technical or sporting nature, something which can be related with a masterful execution, or a masterful design. The name describes the quality of goods, and therefore it cannot be registered as a descriptive mark – not even taking into account the graphic design.

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

Excessive private emailing justifies extraordinary dismissal

Publication date: 23/07/2010

25141 times read
 :: 10261 Votes  

Judgement of LAG Niedersachsen (Higher Labour Court Niedersachsen) of 31/05/2010, file number: 12 Sa 875/09

When an employee reads and writes private e-mails during the working hours and over a longer period – on several days even in such a time frame that it could suggest that no time is left for the job completion –, this excessive private emailing justifies an extraordinary dismissal without previous warning.

Category: Labour Law, Internet Law, Entscheidungen

Confirmation SMS are not junk mail

Publication date: 19/07/2010

20081 times read
 :: 13181 Votes  

Judgement of AG Berlin-Mitte (Local Court Berlin) of 12/01/2010, file number: 14 C 1016/09

Provides a mobile service to its users the possibility to register the cell number in order to apply for offered services and a confirmation short message follows after mentioned application, this SMS cannot be considered as a junk mail. The SMS has no sales promotion purpose but fulfils the information duty.

Category: Advertising Law, Unfair Competition Law, Bothersome Ads, Telecommunication law, Consumer Law, eMail Advertising, Fax Advertising, Telephone Advertising, Entscheidungen

Weather forecaster must not tolerate concrete details in the press release about rape allegation

Publication date: 19/07/2010

28848 times read
 :: 15715 Votes  

Judgement of LG Köln (Regional Court Cologne) of 12/05/2010, file number: 28 O 175/10

A nationwide well-known weather forecaster must not tolerate that the press publishes concrete details about the investigation concerning the procedure against him. Although the rape allegations count with an important public interest, they could cause a difficult complete rehabilitation of the weather forecaster in case of exculpation.

Category: Personality Right, Media Law, Press Law, Celebrities, Entscheidungen

Likelihood of confusion between peerstorm and PETER STORM

Publication date: 15/07/2010

10140 times read
 :: 6975 Votes  

Decision of the Court of Justice of the European Union of 08/07/2010, file number: T-30/09

The Court of Justice of the European Union affirmed the likelihood of confusion between the word marks “peerstorm” and “PETER STORM”, both registered for clothing articles. Both trademarks have a visual, phonetic and conceptual similarity. Although the use of signs, made up of first and last name, is usual in the clothing sector, a likelihood of confusion exists if both trademarks are used for the same product line.

Category: Trademark Law, Danger of Confusion, Entscheidungen

Total price indication shall include the incurred booking fees

Publication date: 13/07/2010

18099 times read
 :: 11615 Votes  

Judgement of LG Düsseldorf (Regional Court Düsseldorf) of 03/02/2010, file number: 12 O 173/09

An online travel portal, as a mediator of flights, must indicate the total price of a flight including any applicable booking fees, as soon as the price is indicated as “total price”. A small asterisk note is not enough if the fees are not transparently specified.

Category: Internet Law, Long Distance Sales Act, Unfair Competition Law, Price Quotation, Consumer Law, Entscheidungen

Subscription-trap operator makes himself liable to prosecution

Publication date: 05/07/2010

9885 times read
 :: 6562 Votes  

Judgement of AG Marburg (Local Court Marburg) of 08/02/2010, file number: 91 C 981/09

The provider of a website where apparently free downloads are offered, however misleads the customer regarding the true costs and lures him into a chargeable subscription, makes himself liable to prosecution because of fraud, according to § 263 StGB (German Criminal Code). A lawyer who, on behalf of the provider, warns the non-paying customers and even tries to enforce the demands in court, makes himself also liable to prosecution because of accessory to fraud.

Category: Internet Law, Suscription Trap, Internet Penal Law, Consumer Law, Entscheidungen

„Matthias-Reim-Photo“– The picture in picture

Publication date: 05/07/2010

28226 times read
 :: 18478 Votes  

Judgement of KG Berlin (Superior Court of Justice Berlin) of 15/06/2010, file number: 5 U 35/08

Copies of already published photographs are certainly permissible as a part of a quotation and if they are not only used with pure decorative and illustrative purposes. The reproduction of an unmodified small picture in a larger picture shows a “copyright relevant intervention” according to §§ 72, 15, 16 UrhG (German Copyright Act).

Category: Personality Right, Media Law, Photo Law, Press Law, Celebrities, Copyright Law, Entscheidungen

Anticompetitive tradition advertising

Publication date: 05/07/2010

10145 times read
 :: 6158 Votes  

Judgement of OLG Oldenburg (Higher Regional Court Oldenburg) of 22/04/2010, file number: 1W 16/10

A company may principally advertise with a long family tradition. The so-called maturity stage, however, contains hidden quality features which may influence the customer and his purchase decision. Therefore, this maturity stage may occur in a certain extend. Advertising with the continuity of a company is only allowed if this continuity really lasted during the highlighted period. Advertising with a 110-years-old family tradition, although the company has been re-established 18 years ago, is inadmissible and anticompetitive.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

Delivery damages notice does not need to be in writing

Publication date: 21/06/2010

12247 times read
 :: 8537 Votes  

Judgement of OLG Köln (Higher Regional Court Cologne) of 27/04/2010, file number: 3 U 160/09

The delivery company DHL may not provide in his terms and conditions that customers must give notice in writing in case of (partial-) loss or damage within seven days after delivery. This clause excludes inadmissibly writings such e-mail or fax. Additionally, the clause clears insufficiently up, that to meet the deadline, timely sending of the damage notice shall suffice.

Category: General Terms Law, Consumer Law, Entscheidungen

Supposed "free deliveries" are anti-competitive

Publication date: 18/06/2010

12401 times read
 :: 7462 Votes  

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

Advertises a distributor of advertising material with the words "Free delivery within Germany and Austria for online orders" without pointing out that a surcharge of 4,80 € would be charged on orders under 50 € and that packaging expenses will be also calculated on online orders, so the distributor behaves anticompetitive compared to other competitors.

Category: Unfair Competition Law, Advertising Law, Entscheidungen

Press release about alimony dispute

Publication date: 18/06/2010

18738 times read
 :: 12735 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 27/04/2010, file number; 27 O 66/10

The plaintiff, a famous comedian, is in an alimony dispute with his father, who had admitted to the press in the past that he was impoverished and dependent on the maintenance of his son. The father’s lawyers wrote that “it is written in the stars to what extend such procedure can be kept away from the interest of the public”. The plaintiff demanded an omission from his father to speak to the media about the alimony procedure and about the fact that the plaintiff pays no maintenance. Thereafter, an article was published in which the father was quoted with the words: “My...

Category: Celebrities, Media Law, Warning letter, Personality Right, Entscheidungen

"Bye bye belly!" – Misleading advertising with slimming belt

Publication date: 16/06/2010

17639 times read
 :: 9239 Votes  

Judgement of LG Braunschweig (Regional Court Braunschweig) of 02/06/2010, file number: 22 O 514/10

A gym advertised in print media with a training belt “Slim Belly” which should bring “8,6 cm less waist within four weeks”. The campaign has not mentioned that, in addition, endurance training is required. Even during the proceeding, the studio operator could not demonstrate the sole effect of the belt, therefore, the advertising is misleading.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Press Releases, Entscheidungen

Lawyer Monika Bandouch is a certified lawyer in Protection of Industrial Property

Publication date: 28/05/2010

7501 times read
 :: 4393 Votes  

We are pleased to inform that Lawyer Monika Bandouch is entitled with immediate effect to bear the title acredited certified lawyer in Protection of Industrial Property.

The lawfirm.biz-Team congratulate sincerely!

Category: lawfirm.biz intern

“Memory” enjoys no European-wide trademark protection

Publication date: 21/05/2010

14429 times read
 :: 6692 Votes  

The Ravensburger publishing was subject to two procedures against its Spanish competitor Educa Borras S.A. The court of the European Union in Luxemburg delivered the judgement that the word “Memory” has a purely describing nature and therefore it is not capable of being registered as a trademark.  Hence, the community trademark applied by Ravensburger was deleted on request of the Spanish games and puzzles manufacturer. For several years now, the term “Memory” is protected in Germany and Austria for games. In a further judgement, the court consequently approved the application of the figurative mark “Educa Memory game”. There is no danger of confusion with the Ravensburger games. The...

Category: Trademark Registration, Trademark Law, Entscheidungen

Google in crosshair of the justice

Publication date: 21/05/2010

17979 times read
 :: 13120 Votes  

The public prosecutor’s office Hamburg has initiated preliminary investigations against Google, since the company has possibly violated the German Penal Law. The company photographed streets across Germany for its Internet service Street View, thereby data from unsecured WLAN connections and parts of e-mails have been “mistakenly” stored. Should private data have been unauthorised intercepted, an offence could be considered, according to § 202b StGB (German Penal Code).

Category: Data Protection, Internet Penal Law, Personality Right, Consumer Law, Entscheidungen
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