News
975 articles
08 January 2018
"Lasts up to 12 months"
Is the advertising claim "Lasts up to 12 months" for a liquid display protection product for smartphones misleading? The Regional Court (LG) Hagen has prohibited such an advertising claim.
Read more21 December 2017
Father Christmas or Saint Nicholas?
Father Christmas or Saint Nicholas? With this question, which was not merely significant from a design law perspective, the Higher Regional Court (OLG) Düsseldorf had to deal with some time ago.
Read more27 November 2017
Advertising with the ® symbol (R in a circle)
Does misleading conduct contrary to competition law exist when a word mark is provided with an R in a circle and advertised in this form, although in fact not a word mark but rather a word/figurative mark is registered? The Higher Regional Court (OLG) Frankfurt a.M. addressed this question.
Read more24 November 2017
Instagram: Preliminary Injunction Against Influencer for Covert Advertising
An increasing number of companies advertise on social media platforms such as Instagram with so-called influencers. However, disclosure requirements must be observed. For legal violations are frequently followed by cease-and-desist letters and damages claims. This is confirmed by a judgment of the Regional Court (LG) Hagen.
Read more26 October 2017
Trade mark protection for chocolate?
The square shape is not an essential functional property of chocolate. Therefore, the square chocolate packaging as a three-dimensional trade mark is capable of protection.
Read more12 October 2017
Unlawful tobacco advertising on the Internet
Tobacco advertising on internet pages of tobacco manufacturers is prohibited. As the Federal Court of Justice (BGH) confirmed, websites of companies constitute services of the information society.
Read more09 October 2017
Image search via search engines – copyright infringement?
Does a search engine operator infringe copyright where copyrighted images found on freely accessible websites are displayed in the form of reduced preview images?
Read more27 September 2017
Advertising with test results without disclosure of the overall result
When advertising with test results, there are numerous competition law risks. In a case decided by the Regional Court (LG) Frankfurt am Main, the advertising included all test results for the individual categories, but not the overall result. The advertising company was sued for an injunction.
Read more21 September 2017
Display of a indexed video game on eBay – breach of competition law?
If a video game is classified as harmful to youth, it is included in the list of youth-harmful media. Is there a breach of competition law if the packaging of such an indexed game is displayed as part of an offer on eBay, even though a non-indexed version is actually being offered for sale? The Regional Court (LG) Wuppertal says yes.
Read more14 September 2017
Protection of reproduction photographs of works in the public domain
Are reproduction photographs of artworks in the public domain protected by copyright or not? The dispute entered another round before the Higher Regional Court (OLG) Stuttgart.
Read more07 September 2017
#ad on Instagram is not enough
#ad at any rate does not suffice to mark advertising on Instagram or comparable media if it is located at the end of a post in the second position of a total of six hashtags.
Read more06 September 2017
Designation "fresh cheese" for vegan bread spread?
Only recently, the EuGH decided (as we reported) that only animal products may be designated as "milk, cheese, butter or yoghurt". Use for purely plant-based products is not permitted. But what about the designation "like fresh cheese" for a vegan bread spread?
Read more24 August 2017
Trade mark infringement through depiction on trade fair site plan?
Is the use of a trade mark on a site plan for locating a trade fair stand a use as a trade mark? This is what the Regional Court (LG) Cologne had to decide.
Read more22 August 2017
Copyright protection for monkey selfie?
The selfie of the macaque Naruto has been circulating on the internet for some time and has not only delighted social media users. The animal welfare organization Peta also became aware of the monkey selfie and is disputing before a US court the recognition of copyright for the macaque.
Read more27 July 2017
Breach of undertaking not to advertise with customer reviews on website
When a binding undertaking not to advertise is given in response to a cease-and-desist letter, breaches of that undertaking threaten high contractual penalties. Does a contractual penalty also come into consideration if the undertaking not to advertise contains the obligation to cease advertising with a particular statement and customer reviews contain substantially identical statements? The Higher Regional Court (OLG) Cologne had to decide this matter.
Read more21 July 2017
Gillette vs. Wilkinson
The razor blade manufacturers Gillette and Wilkinson are disputing over the distribution of certain razor blade units. In preliminary injunction proceedings before the Regional Court (LG) Düsseldorf, Wilkinson now came off worse.
Read more18 July 2017
Delivery portal liable for third-party providers
A delivery portal based in Berlin is liable for incorrect information and labelling of partner restaurants within its internet platform.
Read more17 July 2017
Herbert Grönemeyer achieves success against publishers
The well-known German singer Herbert Grönemeyer refused to accept press coverage of a dispute with two photographers in 2014. He proceeded against three German publishers in separate legal proceedings – with success.
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