News
975 articles
13 July 2021
Not so sparkling: Opening a beverage as a sound mark
A sound mark lacks the requisite distinctiveness if the sound is regarded as a purely technical and functional element in relation to the goods to be protected, ruled the European Court.
Read more24 June 2021
Prize draw advertising with celebrity photographs
Is it permissible for prize draw advertising featuring celebrity photographs to be used, without the consent of the depicted celebrity, to illustrate a press article? The Federal Court of Justice (BGH) had to answer this question.
Read more22 June 2021
Logistics flat fee
Is a logistics flat fee to be regarded as an unavoidable, foreseeable and mandatory price component and to be included in the total price? The Higher Regional Court (OLG) Bamberg investigated this question.
Read more28 May 2021
Price difference between online and offline misleading?
Is a price difference between online and offline offers from a retailer misleading? How should price advertising in a prospectus be understood? The Regional Court (LG) Amberg has ruled on a discounter's prospectus advertising from a competition law perspective.
Read more27 May 2021
Narrow parity clauses of Booking.com unlawful
The hotel booking portal Booking.com used so-called narrow parity clauses towards participating hotels in the past. The Federal Court of Justice (BGH) has now decided that these were incompatible with competition law.
Read more27 April 2021
Infringement of competition law due to doctoral title in company name
Under certain circumstances, it is legally permissible to continue a company name even when the namegiving shareholder withdraws from the company. However, what is the legal position if a company's name contains a doctoral title, but a person with a doctoral title is not employed in the specific company but rather in its parent company? Does this then constitute an act of unfair competition […]
Read more21 April 2021
Direct likelihood of confusion between DOPE vs. BLACKDOPE?
Is there a direct likelihood of confusion between the signs DOPE and BLACKDOPE? No, ruled the Federal Patent Court (BPatG). However, it did establish an indirect likelihood of confusion, as the two marks are mentally associated with each other.
Read more19 April 2021
Counter-cease-and-desist letter abusive?
Is a counter-cease-and-desist letter abusive? Time and again, this objection is raised by those sending cease-and-desist letters, who are frustrated that the recipient counters with the same means. The Federal Court of Justice has now taken a position on the admissibility of a counter-cease-and-desist letter from a previously warned trader.
Read more12 March 2021
Mandatory information for medicinal products must be correctly placed!
Is it sufficient if the mandatory information for medicinal products under the Medicines Advertising Act is only listed at the very end of a website? No, the Higher Regional Court of Cologne (OLG Köln) decided.
Read more11 March 2021
Official Work and the Freedom of Information Act
May an official work be redistributed if it was accessible following a request under the Freedom of Information Act? The Regional Court (LG) Cologne addressed this question.
Read more07 March 2021
Consideration for a Facebook Like constitutes a breach of competition law
A high number of Facebook Likes can make a strong impression on consumers for traders. That advertising with the grant of consideration for a Facebook Like is not a good idea, however, is demonstrated by a recent decision of the Regional Court (LG) Bonn.
Read more06 March 2021
No compensation under licence analogy for Creative Commons licence
The Local Court (AG) Würzburg investigated the question of whether the violation of a Creative Commons licence entitles the author to assert damages under the licence analogy doctrine.
Read more05 March 2021
Copyright disclosure claim does not include email address
With the assistance of the Court of Justice of the European Union (EuGH), the Federal Court of Justice (BGH) has answered the question of whether a copyright disclosure claim regarding "name and address" also includes disclosure of the email address of infringers.
Read more04 March 2021
All Cheese? – On the Scope of Protection of a Protected Designation of Origin
Certain foodstuffs such as fruit and vegetables, fish, meat and cheese can be protected as geographical indications or designations of origin at EU level. The product is characterised by the fact that it comes from a specific place, a specific region or a specific country. But what does the protection cover? Is it limited to the product name or does it […]
Read more14 January 2021
Is the mandatory selection of a form of address unlawful?
Does it infringe the right to personal dignity of persons with non-binary gender identity when they must choose between the forms of address "Mrs"/"Mr" when concluding contracts online? The Regional Court (LG) Frankfurt am Main addressed the question of whether the mandatory selection of a form of address is unlawful.
Read more14 December 2020
Operating instructions for a similar device only is anti-competitive
Under the Product Safety Act (ProdSG), there is an obligation to provide operating instructions drafted in the German language if certain rules must be observed in the use, modification or maintenance of a product. The Regional Court (LG) Essen had to decide whether operating instructions for a "practically identical device" would suffice.
Read more11 December 2020
Are drone photos covered by the panorama exemption?
When are images covered by the panorama exemption? In the question whether the panorama exemption also applies to drone photos, the Regional Court (LG) Frankfurt am Main took a position against the view of the Federal Court of Justice (BGH).
Read more04 December 2020
Liability of the seller for competition law breaches by the Amazon affiliate
Is an Amazon Marketplace seller liable for an Amazon affiliate who advertises a product of the seller in breach of competition law? No, the Higher Regional Court of Hamburg (OLG Hamburg) has now decided.
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