Visualised links can infringe against personality rights

Publication date: 26/10/2009

41518 times read
 :: 26172 Votes  

Judgement of LG Köln (Regional Court Cologne) of 17/06/2009, file number: 28 O 662/08

If a picture is shown in a people search machine not only as a pure hyperlink as but as “embedded content” on the Internet site, than this picture is a part of the mentioned side. Hence, the site owner must be entitled to the representation of that picture. Otherwise he spreads it illegally and exposes himself to be warned. The fact that the picture is not stored on the server of that site is unimportant.

Category: Warning letter, Link Liability, Photo Law, social network service, Entscheidungen

Word mark without own identification effect cannot be registered

Publication date: 23/10/2009

15636 times read
 :: 9684 Votes  

Decision of BPatG (Federal Patent Court) of 15/09/2009, file number: 33 W (pat) 21/08

A mark which contains several purely describing parts is not capable of being protected even if these are atypically arranged or if they form new word creations, provided that they lack of distinctiveness. Technical terms which appear generally describing do not have this distinctiveness either. A former registration of a mark not capable of registration does not allow a claim for registration since no discretion is possible and is applied to the bare legal situation of the moment.

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

Trademark “Jugendherberge” (“Youth hostel”) cancelled after 11 years

Publication date: 22/10/2009

12769 times read
 :: 7814 Votes  

Decision of BGH (Federal Supreme Court) of 17/09/2009, file number: I ZB 7/09

The Federal Patent Court has ordered the deletion of the mark “Jugendhergerge”, registered since 1998. According to § 50 paragraph 1 together with § 8 paragraph 2 No 1 MarkenG (Trademark Act), such trademarks which lack of distinctiveness for their goods or services must be cancelled. The trademark “Jugendherberge” has no distinctiveness for the registered services “accommodation of guests, catering, travel events, education, entertainment, sport and cultural activities”.

Category: Trademark Law, Trademark Cancellation, Consumer Law, Entscheidungen

Rejected constitutional complaint against legally existing age verification obligation

Publication date: 22/10/2009

21762 times read
 :: 11221 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 24/09/2009, file numbers: 1 BvR 1231/04, 1 BvR 710/05, 1 BvR 1184/08

According to § 184 d StGB (Penal Code), suppliers of pornographic contents are responsible for ensuring through technical precautions that the pornographic content is not accessible for people under 18s. The age verification obligation is not inapplicable to protect minors against the negative influence of pornographic contents since these are freely available on the internet.  A law is already adequate to reach the aimed purpose when the reaching purpose is promoted.

Category: Internet Law, Internet Penal Law, Youth Protection, Media Law, Telecommunication law, Entscheidungen

Cease and desist letter “subject to a condition subsequent”

Publication date: 16/10/2009

16744 times read
 :: 11233 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 01/09/2009, file number: I-12 O 85/09

A forbearance debtor, who signs a cease and desist letter – due to illegal phone advertisement – subject to a condition subsequent, dispels a risk of recurrent infringement. The debtor would like to forbear through such formulation from the received obligations when his supposed illegal behaviour turns out as lawful, e.g. by law or high court decisions.

Category: Consumer Law, Unfair Competition Law, Bothersome Ads, Telephone Advertising, Entscheidungen

Judicial proceeding after the warning letter

Publication date: 15/10/2009

11990 times read
 :: 7596 Votes  

Judgement of LG Frankfurt (Regional Court Frankfurt) of 12/08/2009, file number: 2-06 S 10/09

When a warned, for example of an offence against copyright, does not pay the warning costs of the opposing lawyers, these will normally demand the payment judicially. If the court finds the defendant guilty of such an offence, this must bear the claimed debit note.

Category: Warning letter, Internet Law, Trademark Law, Product Piracy, Entscheidungen

The right to one‘s own picture on film shoots

Publication date: 14/10/2009

17791 times read
 :: 11974 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 31/01/2008, file number: 27 O 1000/07

Basically every person can determine whether portraits from themselves can be used and published. This also concerns film shoots. Television broadcasting stations, which film people, must have the explicit approval from those people to emit the images. Even if these people tolerate the recording, it is not enough to emit the images if they do not give an explicit approval. In case that these images should be broadcasted anyway, the identity of the filmed people should be unrecognizable.

Category: Personality Right, Media Law, Broadcasting Law, Entscheidungen

Gossip

Publication date: 14/10/2009

21742 times read
 :: 13814 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 20/08/2009, file number: 27 O 529/09

The Berlin district court confirms an injunction against a newspaper publisher due to an article in which the private sphere of a well-known singer was injured. The article informed about supposed rumours about an affair of the singer with a colleague. Spreading such suppositions about the love-life is inadmissible since the publication of such speculations lacked on information and therefore the interference in the private sphere of the singer was not justified.

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

Private wedding?

Publication date: 14/10/2009

20606 times read
 :: 13312 Votes  

Judgement of LG Köln (Regional Court Cologne) of 30/07/2008, file number: 28 O 148/08

A monetary indemnity of 15,000 € was assigned to the wife of a known television presenter due to the unjustified publication of the wedding ceremony on a magazine. The judges of the regional court Cologne explained the monetary indemnity with the fact that the plaintiff’s personality rights were considerably injured by the publication of the pictures. Pictures of the wedding, which she consciously planned excluding the public.

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

The air spy: About the right to one’s own picture

Publication date: 13/10/2009

22849 times read
 :: 15652 Votes  

Press release No. 44/09 of AG München (Local Court Munich) about the judgement of 19/08/2009, file number: 161 C 3130/09

Basically the right to one’s own picture protects everybody against unauthorized spreading of own images, including aerial photos of own property. Thus, the right to one’s own picture is not infringed if the images cannot be assigned to a certain address and no single person can be recognized.

Category: Media Law, Photo Law, Copyright Law, Design Law, Copyright-Photos, Consumer Law, Personality Right, Press Releases, Entscheidungen

Unbelievable, the invoice is legitimated!

Publication date: 12/10/2009

19895 times read
 :: 10042 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 28/08/2009, file number: 38 O 34/09

In a community of registered consumers, the invoices for the use of the network are charged after being informed about a change in the general terms and conditions which allows the chargeability. For the dishonesty of this demand it is not enough that this is based in a contract which is created by unfair methods. Through the sending of the unjustified demand, also the consumer has been used in his lack of experience or gullibility or in a dilemma.

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

Unacceptable terms and conditions clauses of mobile phone providers

Publication date: 07/10/2009

9532 times read
 :: 6684 Votes  

Decision of OLG Schleswig-Holstein (Higher Regional Court Schleswig-Holstein) of 14/05/2009, file number: 6 U 41/08

A terms and conditions clause which enables a mobile phone provider to change clauses before the contract period expires is ineffective. Moreover, also an inadmissible clause is the one which allows the provider to block the connection, immediately and without previous notice, in case of default. Terms and conditions should not cause disproportionate disadvantages for the customers.

Category: General Terms Law, Telecommunication law, Entscheidungen

Private gambling suppliers can proceed against unfair competition infringements

Publication date: 06/10/2009

14602 times read
 :: 9075 Votes  

Judgement of KG Berlin (Superior Court of Justice Berlin) of 12/08/2009, file number: 24 U 40/09

The claim of a Dutch gambling supplier according to the Gambling Treaty is not legal abusive, even if he does not accept these regulations on his own business activity. There is no possibility to refuse a claim against unfair competition infringement if this comes from a private supplier. There is no agreement about judicial examination of commercial methods of the state chosen supplier.

Category: Gambling Law, Procedural Law, Unfair Competition Law, Entscheidungen

BILD against taz: About the limits of amusing advertising comparisons

Publication date: 02/10/2009

15798 times read
 :: 8696 Votes  

Press release No. 201/2009 of BGH (Federal Supreme Court) about the judgement of 01/10/2009, file number: I ZR 134/09

Amusing and ironic comparisons in a commercial are allowed within certain limits. If the advertising does not disrate the competitor, nor reveals the absurdity creating a merely amusing exaggeration, the advertising does not act in an anticompetitive manner.

Category: Media Law, Broadcasting Law, Advertising Law, Press Releases, Entscheidungen

Leading decision: The independent freelance as a consumer according to § 13 BGB (German Civil Code)

Publication date: 02/10/2009

187436 times read
 :: 22964 Votes  

Press release of BGH (Federal Supreme Court) No 200/09 about the judgement of 30/09/2009, file number: VIII ZR 7/09

The Federal Supreme Court has decided in a leading decision about the possibility for natural people, who can appeal as consumers as well as entrepreneurs due to freelance activity, to rely on the consumer protection rights. The consumer quality and the resulting rights may be denied only if the action is without doubt objectively recognized as an exclusively commercial action. If the private sphere of the legal business cannot be excluded, the consumer protections rights should be applied. Sellers should prepare for the fact that also...

Category: Internet Law, eBay Law, Long Distance Sales Act, Power of Revocation, Consumer Law, Unfair Competition Law, Press Releases, Entscheidungen

Advertising emails without consent are an unacceptable annoyance

Publication date: 02/10/2009

24634 times read
 :: 15047 Votes  

Press release of AG München (Local Court Munich) about the judgement of 09/07/2009, file number: 161 C 6412/09

An enterprise that sends advertising emails to the e-mail address of a medical practice without consent infringes against the rights of the addressee and his protected business interest. The dispatch of such advertising mails creates an unacceptable annoyance for the receiver, who can demand an omission. The importunity is caused by the fact that the receiver must invest time and effort in sorting the unrequested e-mails.

Category: Internet Law, Consumer Law, Advertising Law, Unfair Competition Law, Bothersome Ads, eMail Advertising, IT Law, Press Releases, Entscheidungen

! cannot be eligible for registration as a trademark

Publication date: 01/10/2009

15528 times read
 :: 10070 Votes  

Judgement of EuG (European Court of First Instance) of 30/09/2009, file number: T-75 / 08

Due to the claim of the enterprise JOOP!, the European Court of First Instance has decided that an exclamation sign cannot be registered as a community trademark. The company requested the registration of two community trademarks by the Office for Harmonization in the Internal Market (OHIM). The OHIM rejected the registration because of the lack of distinctiveness. For the consumer it is just an exclamation sign which is not written in an unusual way, it is only promoting and an eye-catcher.

Category: Trademark Law, Trademark Registration, Company Labelling, Danger of Confusion, Entscheidungen

Modernisation of the Patent Act goes into effect on October 1, 2009

Publication date: 30/09/2009

60347 times read
 :: 29082 Votes  

Press release of the BMJ (Federal Ministry of Justice) of 30/09/2009

The Patent Act should become easier and more modern for the employee’s invention through changes on the registration, on the system of appeal and on the procedure. We have already reported in May about the decision of the German Parliament due to the law draught to the simplification and modernisation of the Patent Law. The changes enter into force on October 1, 2009.

Category: Patent Law, Labour Law, Press Releases, Entscheidungen

Searching machines and links with abusive content

Publication date: 23/09/2009

18304 times read
 :: 10677 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 11/03/2009, file number: 7 U 35/07

Searching machines must omit certain sides with abusive contents if the respective cease and desist letter of the affected person is based on specifically complained statements. The merely desire of the affected person to omit such links is not enough.

Category: Internet Law, Link Liability, Provider Liability, Web Search Engine, Entscheidungen

Old or new law firm?

Publication date: 22/09/2009

58102 times read
 :: 38278 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 11/08/2009, file number: 4 U 109/09

If an anew established law firm uses a letterhead or an Internet site in almost identical form as a closed lawyer’s society, just because one of the founders belonged to the former partnership, an unlawful misleading can be understood. Since, thereby, the closed society appears to exist furthermore.

Category: Warning letter, Industrial Property Protection, Liability, Entrepreneurial Activity, Right to the Use of a Name, Danger of Confusion, Entscheidungen
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