Advertising with “low sugar jam”

Publication date: 21/09/2009

28827 times read
 :: 19049 Votes  

Judgement of EuGH (European Court of Justice) of 10/09/2009, file number: C-366/08

The concept “low sugar jams” refers to the jams with the name “simple jam” and “extra jam” which sugar content is clearly reduced compared to the reference value of 60 %. “Extra jam” refers to products which sugar content is 58 % and they cannot be considered as low sugar products in terms of this regulation.

Category: Trademark Law, Advertising Law, Unfair Competition Law, Food Law, Entscheidungen

Lawyer Monika Bandouch (née Feigenbutz)

Publication date: 18/09/2009

23449 times read
 :: 15186 Votes  

Lawyer Monika Feigenbutz has got married, her name is now Monika Bandouch.

The whole congratulate her most cordially!

Category: intern

Negative opinion in the assessment comment is allowed

Publication date: 18/09/2009

20443 times read
 :: 9526 Votes  

Judgement of LG Hannover (Regional Court Hannover) of 13/05/2009, file number: 6 O 102/08

Following assessment comment on the platform eBay is an allowed expression of opinion: "Mobile phone as "NEW" offered – mobile phone + accessories used – I call this fraud!!!!" The statement is marked by elements opinion and estimation. Besides, a juridical term is used to express the legal view and the expression of opinion. The negative assessment comment depends on the personal review of the evaluating.

Category: Internet Law, eBay Law, Entscheidungen

Ban of publicity for tobacco groups

Publication date: 18/09/2009

13025 times read
 :: 7643 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 19/08/2009, file number: 5 U12/08

Tobacco groups are not allowed to advertise for their cigarettes in newspapers as image advertising. Even the attempt to describe the tobacco products as “bio-tobacco”, “untreated” or “natural” has been seen by the judges of the higher regional court Hamburg as an infringement against the tobacco law. The judges have clearly expressed that health and youth protection must have absolutely priority.

Category: Media Law, Advertising Law, Entscheidungen

Recognisability in spite of black bar across the eyes

Publication date: 03/09/2009

31487 times read
 :: 20596 Votes  

Judgement of LG Frankfurt/Main (Regional Court Frankfurt/Main) of 25/06/2009, file number: 2-03 O 179/09

If merely a black bar across the eyes on the photograph is used to censor it, somebody can recognize the person who is tried to be unrecognizable. In this case, the affected person can also require omission of the graphic representation if he has just agreed to publish the photo on a certain domain.

Category: Personality Right, Media Law, Entscheidungen

"Within 24 hours" is not delusive

Publication date: 01/09/2009

31222 times read
 :: 22623 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/06/2009, file number: 4 U 19/09

The judges in the OLG Hamm have decided that the advert statement of the seller assuring "original printer cartridges within 24 hours" is not delusive if the advertisement is linked with another web page on which will be informed that for a delivery within 24 hours a suitable order must have be settled at the latest 16.45 o'clock.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Unfair Competition Law, Entscheidungen

Medicaments delusive advertising

Publication date: 31/08/2009

23608 times read
 :: 17587 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 23/04/2009, file number: 3 U 211/08

Comparative advertising between original preparations and generics may not take for granted that generics are a cheaper alternative if the range of application of both drugs is not identical. The same happens if they coincide in most of their substances and range of application. Medicaments advertising are defeated by strict conditions due to the health protection, they must be direct, clear and correct.

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

Other defeat for SAP

Publication date: 28/08/2009

12948 times read
 :: 8368 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 22/04/2009, file number: 12 O 23/09

In a lawsuit about delusive statements of used licences, the judges of the Regional Court Dusseldorf decided once again against the interest of the software giant SAP. The software manufacturer offered beside the new products also used software for reduced prices. However, at the same time, he warned by the purchase about a possible legal risk of the used product. Nevertheless, this statement is wrong and delusive, so that the Regional Court granted an injunction against SAP.

Category: IT Law, Unfair Competition Law, Used Software, Entscheidungen

Double click opens no trademark

Publication date: 27/08/2009

29179 times read
 :: 5740 Votes  

Decision of BPatG (Federal Patent Court) of 06/05/2009, file number: 29 W (pat) 96/07

The word-figurative mark “Double click” has no distinctiveness. The concept is a lexically provable specialist term, familiar in wide national business circles. The name is a describing statement, the concerning goods can be requested by double click, are offered in electronic form and can be accessible in that manner.

Category: Trademark Law, Trademark Registration, Entscheidungen

Nobody brings more people in the own 4 walls – Schwäbisch Hall

Publication date: 27/08/2009

34829 times read
 :: 5957 Votes  

Decision of BPatG (Federal Patent Court) of 14/07/2009, file number: 33 W (pat) 121/07

The sentence “Nobody brings more people in the own 4 walls – Schwäbisch Hall” can be registered as a word mark. The first part of the slogan indicates that the building society describes itself as market leader. To find characteristic descriptions in the sentence, speculations and logical steps are needed. A description of the service fails within the slogan. The statement Schwäbisch Hall advises to a certain supplier and should not be understood as geographical information.

Category: Trademark Law, Trademark Registration, Entscheidungen

Children and P2P file sharing network - liability of the parents?

Publication date: 24/08/2009

197791 times read
 :: 26219 Votes  

Judgement of LG Köln (Regional Court Cologne) of 13/05/2009, file number: 28 O 889/08

Those who make available an Internet access in own household and therefore make possible the participation in music file sharing networks, have the obligation to check and perform if needed. According to the court, to prohibit the children expressly and specifically to download music, it is not enough. As effective action, they would have had to set up the computer with limited rights as well as a Firewall, which prevent the download of data from the computer.

Category: Internet Law, File Sharing, Music Law, Liability, IT Law, Entscheidungen

Imprint duty for providers of internet portals with commercial classified ads

Publication date: 19/08/2009

87278 times read
 :: 24334 Votes  

Judgement of OLG Frankfurt am Main (Higher Regional Court Frankfurt/Main) of 23/10/2008, file number: 6 U 139/08

The provider of an internet portal for free anonymous classified ads is obliged to announce the name and address of the commercial suppliers. No big measures are necessary. It is enough to inform the supplier about the imprint duty before filling his ad in order not to infringe against the unfair competition law.

Category: Imprint, Duty to Inform, Unfair Competition Law, Internet Law, Liability, Provider Liability, Entscheidungen

My child should not stay in the media

Publication date: 14/08/2009

21811 times read
 :: 14219 Votes  

Decision of BGH (Federal Supreme Court) of 30/06/2009, file number: VI ZR 339/08

A monetary indemnity due to insistent serious injury of the right in own picture depends on the particular cases evaluation; children must be protected more comprehensive than adults. Cease and desist letter and measures of compliance would have a satisfaction function.

Category: Youth Protection, Photo Law, Press Law, Indemnity, Entscheidungen

Supply of glasses

Publication date: 14/08/2009

10653 times read
 :: 6881 Votes  

Judgement of BGH (Federal Supreme Court) of 09/07/2009, file number: I ZR 13/07

The wish of the patient to receive the complete assistance from the same hand is not enough to justify the reference to a certain optician or the delivery and adaptation of the glasses by the ophthalmologist. Hence, a reference to a certain optician is anticompetitive.

Category: Unfair Competition Law, Advertising Law, Professional Law, Entscheidungen

Keywords only for brand owners?

Publication date: 23/07/2009

27837 times read
 :: 16206 Votes  

Decision of OGH (Austrian Supreme Court) of 20/05/2008, file number: 17 Ob 3/08b

Also the Austrian Supreme Court deals with the question whether the use of a brand as a Keyword in the advertisement on the hit lists of searching machines should be left to the trademark owner, the case has been presented to the European Court of Justice for a preliminary decision. Besides it is doubtful whether the danger of confusion could be excluded if the advertisement  is or is not performed in the hit list.

Category: Internet Law, Web Search Engine, Trademark Law, AdWords, Entscheidungen

Dr. No describes only the product

Publication date: 21/07/2009

236586 times read
 :: 29114 Votes  

Judgement of EuG (Court of First Instance) of 30/06/2009, file number: T-435 / 05

The issue is whether the signs in question, which correspond to the title of a film, were used as trade marks prior to the date of application for registration of the Community trade mark, which has not been shown by the applicant. If the signs are use as a reference which is descriptive of the goods and some of the goods are also provided with other origin specification, this indicates the commercial origin of the same serie. If the sign, which is the action figure of characters from the film, is only used as a connection of a product with the film, this is only describing.

Category: Trademark Law, Media Law, Trademark Registration, Entscheidungen

No coupons for free games in the slot machine

Publication date: 21/07/2009

13161 times read
 :: 8016 Votes  

Judgement of VG Hannover (Administrative Court Hannover) of 17/06/2009, file number: 11 A 4402/07

In newspapers printed coupons which allow a free game in a slot machine, infringes against the gambling ordinance. They should lure new customers to the slot machines and to bind them for long periods of time to the amusement arcades. This disowns against the § 9 paragraph 2 SpielV (Gambling Ordinance) which purpose is to protect the players towards the gambling incentives which are increased through advertisement.

Category: Gambling Law, Advertising Law, Entscheidungen

Registration through public electronic documents

Publication date: 20/07/2009

244051 times read
 :: 26685 Votes  

Decision of OLG Stuttgart (HRC Stuttgart) of 21/04/2009, file number: 8 W 155/08

For registrations in the trade register, an obligatory electronic submission is prescribed in publicly accredited form. In addition a certified electronic signature must be used for an effective submission. If an authority displays electronic documents within his competence, the regulations about public documents should be applied. The used certificate allows determination about who has created the public electronic document.

Category: IT Law, Procedural Law, Entscheidungen

Unjustified use of photograph details

Publication date: 20/07/2009

17837 times read
 :: 11581 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 01/04/2009, file number: 12 O 277/08

The rights of a photography are not lost, according to § 72 paragraph 1 UhrG (Copyright Act), just because only a detail from the picture has been unjustified used. Protective property of the norm is also every part of the picture; in particular if it concerns the distinctive detail of the photograph. In addition, according to § 13 UhrG (Copyright Act), a surcharge of 100% of the basis reimbursement is entitled to the photographer if his name was not mentioned as originator.

Category: Trademark Law, Media Law, Photo Law, Copyright Law, Entscheidungen

Erased files on hard disk enough for dismissal on grounds of suspicion

Publication date: 20/07/2009

20240 times read
 :: 9528 Votes  

Judgement of LAG Rheinland-Pfalz (Higher Labour Court Rheinland-Pfalz) of 26/03/2009, file number: 2 Sa 776/08

Erased files on the hard disks of a private PC, which allegorise a hint of the realisation of criminal action, can justify a dismissal on grounds of suspicion. Besides, it does not depend on the shutoff of the criminal procedure or the remission of a penalty order. In this case, only the suspicion of the perpetration of a possible serious criminal offence comprises an extraordinary dismissal.

Category: Labour Law, Internet Law, Entscheidungen
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