News
975 articles
10 June 2017
Moses Pelham vs. Kraftwerk
In the long-running legal dispute between Moses Pelham and Kraftwerk, the Federal Court of Justice (BGH) has referred questions to the Court of Justice of the European Union (EuGH) concerning the infringement of the rights of the sound recording producer through sampling.
Read more09 June 2017
Dextro Energy loses case before the Court of Justice of the European Union (EuGH)
Dextro Energy is well known for its glucose tablets, which are individually wrapped and distributed in a cube format. The German company wanted to advertise its products with various health-related claims – but failed before the Court of Justice of the European Union.
Read more02 June 2017
No closure – No 'reopening'
Is a previous closure of the business necessary for advertising with the term 'reopening', or are major renovation measures sufficient to be able to speak of a 'reopening'? The Higher Regional Court (OLG) Hamm found misleading competitive conduct if the business had not previously been closed.
Read more31 May 2017
AfD politician fails against "extra 3"
AfD politician Dr. Alice Weidel loses before the Regional Court (LG) Hamburg against Norddeutscher Rundfunk. The application was directed against a contribution in the programme "extra 3", in which she was referred to as a "Nazi-slut".
Read more15 May 2017
State liable for cartoon on school homepage
The Higher Regional Court (OLG) Frankfurt has prohibited the state of Hesse from publishing a cartoon with school-related content on a school homepage.
Read more11 May 2017
Online book trade: liability for violations of personality rights in photographic calendars
Are online book retailers liable for violations of personality rights in the calendars they sell? The Higher Regional Court (OLG) Hamburg rendered a decision on this matter.
Read more05 May 2017
On unit price indication for cosmetic products
The Price Indication Ordinance (PAngV) provides in certain cases that the retailer must provide unit price information in addition to stating the final price. However, there are exceptions to the requirement for unit price indication. These include, inter alia, cosmetic products that are intended exclusively for colouring or beautifying the skin, hair or nails. Does this also include an anti-wrinkle cream or […]
Read more04 May 2017
Record damages award for Helmut Kohl
In a lawsuit brought by former Federal Chancellor Helmut Kohl against journalist Heribert Schwan and the Random House Verlagsgruppe, the Regional Court (LG) Cologne awarded the former Chancellor a record damages award of one million euros.
Read more28 April 2017
Price comparison website must disclose commissions
Price comparison websites on the Internet are very popular because consumers expect them to provide an objective overview of the services and prices available on the market. However, the operators of such sites sometimes have the listed companies pay them a commission so that their offers are included in the price comparison. Whether and when the site operator must disclose this circumstance [...]
Read more27 April 2017
Panoramic freedom for works on ships
A copyright-protected work which is permanently located on public roads, streets or places may be copied and distributed almost freely. Whether this restriction of copyright powers also applies to a cruise ship decorated on its side walls with a creative work (AIDA Kussmund) is questionable in view of the ship's mobility and was recently decided by […]
Read more25 April 2017
An Evening with Marlene Dietrich
YouTube is not required to delete recordings of Marlene Dietrich at a concert in London from 1972. After a lengthy legal dispute, the Higher Regional Court (OLG) Munich rejected the existence of corresponding rights held by Dietrich's daughter Maria Riva.
Read more20 April 2017
Panorama freedom in architecture model integrated photography?
By virtue of the so-called panorama freedom in Germany, it is permissible for anyone to visually reproduce copyrighted works which are permanently located on public roads, streets or squares, provided no other rights stand in the way. No permission from the author is required for this. Does this also apply if photographs of the corresponding copyrighted works are integrated into architecture models and these are in turn photographed […]
Read more18 April 2017
Köln Reporter permitted to report on Kebekus and Somuncu
The online magazine Köln Reporter was permitted to report on a suspected relationship between cabaret artist Carolin Kebekus and cabaret artist Serdar Somuncu.
Read more13 April 2017
Liability of a Web Designer for the Creation of a Homepage
In the design of a homepage, the use of photographs is customary. Web designers have inspection and notification duties in this regard. This was decided by the Regional Court (LG) Bochum.
Read more07 April 2017
No third-party trademark in subdomain!
Does misleading advertising contrary to competition law occur when an online retailer includes a subdomain containing a trademark in a promotional advertisement and the corresponding link leads to a website on which only isolated products of the trademark are offered, but predominantly goods of other trademarks? The Higher Regional Court (OLG) Frankfurt am Main had to clarify this.
Read more06 April 2017
Manufacturer information: dealer's duty to check!
The Product Safety Act (ProdSG) provides that dealers must contribute to ensuring that only safe consumer products are placed on the market. The Federal Court of Justice (BGH) had to rule on the question of whether this also includes dealers' obligation to check whether the product is provided with manufacturer information.
Read more04 April 2017
File-sharing: When the child is the perpetrator
Another decision from the Federal Court of Justice (BGH) concerning the liability of the internet connection holder in cases of illegal file-sharing has been handed down. The Bundesgerichtshof addressed the question this time of whether the holder of a family internet connection must "betray" his child if he knows that the child has committed the copyright infringement by means of file-sharing software.
Read more22 March 2017
File sharing: Parents are not liable for children!
The account holder is neither liable as perpetrator nor as tortfeasor for the illegal file sharing of a minor if he has instructed him beforehand.
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