Berliner Kurier interviews certified lawyer Julian N. Modi, LL.M.

Publication date: 20/03/2013

143926 times read
 :: 27677 Votes  

Berliner Kurier interviews on November 15, 2012 certified lawyer Julian N. Modi, LL.M. about the decision of the Federal Supreme Court, file number I ZR 74/12, regarding the liability of parents regarding illegal file sharing of their minor children.

Category: Warning letter, Abmahnkosten, Abmahnung Rechteinhaber, Indemnity, Internet Law, File Sharing, Liability, Media Law, Music Law, intern

New EU Toys Directive

Publication date: 12/07/2011

26320 times read
 :: 17084 Votes  

The Member States hat time until January 20, 2011 to implement the new directive 2009/48/EC of the European Parliament and of the Council on the safety of toys – these implementing regulations should be applied from July 20, 2011. We have compiled for you the important innovations mentioned in the toys directive and also in the second regulation of the equipment and product security law and which should be followed by manufactures and online sellers.

Category: Unfair Competition Law, Consumer Law, Warning letter, Article, General Terms Law, intern

Hotel owner is not liable for copyright infringement of his guests

Publication date: 04/07/2011

19284 times read
 :: 11185 Votes  

Judgement of LG Frankfurt / Main (Regional Court Frankfurt / Main) of 18/08/2010, file number: 2-6 S 19/09

The owner of a hotel who offers to his guests an encoded network that meets the statutory requirements cannot be held as responsible for copyright infringements caused by his guests. Due to the existing codification, which safeguards against copyright infringements by third parties, the owner does not meet any further duties.

Category: Warning letter, Internet Law, Liability, Copyright Law, Entscheidungen

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

Publication date: 25/10/2010

15145 times read
 :: 10512 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

Press release about alimony dispute

Publication date: 18/06/2010

19539 times read
 :: 13296 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

Regional Court Hamburg: Amazon offends against the fixed book prices

Publication date: 30/04/2010

16304 times read
 :: 10242 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 19/01/2010; file number: 310 O 258/09

Amazon has to make sure that books with fixed prices have a quoted price which is not lower that the fixed retail price. Even if such control of such a large amount of books would be related with huge effort, Amazon should accept it to maintain the fixed book prices on its portal.

Category: Abmahnung Rechtsmissbrauch, Internet Law, Long Distance Sales Act, Duty to Inform, Amazon, Entscheidungen

Visualised links can infringe against personality rights

Publication date: 26/10/2009

42319 times read
 :: 26809 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

Judicial proceeding after the warning letter

Publication date: 15/10/2009

12267 times read
 :: 7788 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

Old or new law firm?

Publication date: 22/09/2009

59685 times read
 :: 39368 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

In case of warning letter, lawyer and patent lawyer fees shall be refunded

Publication date: 15/06/2009

8357 times read
 :: 5910 Votes  

Judgement of LG Mannheim (Regional Court Mannheim) of 24/03/2009, file number: 2 O 62/08

Whether in case of a warning letter, the fees of a lawyer and/or patent lawyer in the extrajudicial procedure should be refunded, depends, according to § 670 BGB (German Civil Code) on what may be considered necessary in the scope of the administration of a company. Normally, a lawyer is necessary for the legal pursuing in case of warning letters. An additional assignment of a patent lawyer can be necessary since this has an independent competence in trademark juridical circumstances and, in the extrajudicial procedure, it should not be renounced to this special...

Category: Warning letter, Abmahnkosten, Entscheidungen

Imprint infringements are admonishable

Publication date: 25/05/2009

36965 times read
 :: 27731 Votes  

Judgement of OLG Hamm (HRC Hamm) of 02/04/2009, file number: 4 U 213/08

Once again a court finds out that the absence of specifications in the imprint of a web page, as for example specifications to the trade register or to the sales tax number, are reasons to warn the website operator. Such reprimandable competitive offence is no bagatelle since; thereby, the consumer misses indications which he needs in case of possible appearing problems.

Category: Warning letter, Internet Law, Imprint, Duty to Inform, Entscheidungen

No payment claim in case of "cost traps" on the Internet without clear advice to monetary compensation

Publication date: 20/04/2009

16372 times read
 :: 11234 Votes  

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main) of 04/12/2008, file number 6 U 187/07

In case of the as “cost traps” known on the Internet, the supplier of the particular site has no right to payment against the user if no clear monetary compensation in the offer or on the web page is given, and a clear  payment duty is missed. The same applies particularly when the supplier of the site wants to deceive the user intentionally about the monetary compensation.

Category: Warning letter, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

Abusing of numerous similar treated warning letters

Publication date: 06/03/2009

10108 times read
 :: 6236 Votes  

Judgement of LG Bonn (Regional Court Bonn) of 03/01/2008, file number: 12 O 157/07

A small business acts abusive (§8 paragraph 4 UWG – Fair Trade Law) when pursues beyond its core areas numerous parallel legal proceedings as decisive plaintiff, which serve to generate the appearance of an immediate competitor in order to achieve other high incomes and most likely to take an interest in it. To prevent efficiently such an abuse, the decisive plaintiff meets himself the burden of proof. The abuse shall be officially checked. The prior presumption according to §12 UWG (Fair Trade Law) does not intervene for proper considerate reasons.

Category: Abmahnung Rechtsmissbrauch, Warning letter, Entscheidungen

Lawsuit costs right after injunction acknowledgement

Publication date: 02/03/2009

15175 times read
 :: 9853 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 29/01/2009, file number: 327 O 583/08

If the behaviour of the defendant does not originate a claim, the plaintiff must carry the costs of the proceedings. As in dispute over commercial trade practises via statutory declaration, most probably because a missing access of the warning letter which postal and electronic receipt was already received by the defendant, this does not originate a claim. This is also valid if the defendant recognises conclusive arrangements except the order for payment of costs. The plaintiff must pay the costs of the proceeding.

Category: Abmahnkosten, eBay Law, Entscheidungen

Erroneous IP address mistake

Publication date: 26/02/2009

29552 times read
 :: 17444 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.

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