News
975 articles
17 March 2017
"Fresh pasture milk" – misleading designation?
The Food Information Regulation (LMIV) governs the requirements for the labelling of foodstuffs. Information about foodstuffs must in particular not be misleading.
Read more14 March 2017
Cosmetic surgery giveaway?
Radio giveaways are not unusual. Stuffed animals, smartphones and now also cosmetic surgery? It seems there is no limit to the creativity of radio stations, or is there?
Read more09 March 2017
Sharing permitted?
By sharing content in social networks, a user only makes it his own if he additionally connects the post with a positive rating.
Read more08 March 2017
File sharing: Internet connection holder's spouse's computer need not be investigated
An internet connection holder is subject to a secondary burden of pleading in the event of illegal file sharing. The Federal Court of Justice (BGH) has now ruled on whether it is reasonable for the connection holder to examine his spouse's computer with regard to the existence of file-sharing software.
Read more04 March 2017
On the Professional Title "Heilpraktiker für Psychotherapie"
Is the professional title "Heilpraktiker für Psychotherapie" misleading if the actual permit issued was for the title "Heilpraktiker (Psychotherapie)"? This was the question addressed by the Higher Regional Court (OLG) Düsseldorf.
Read more01 March 2017
No copyright protection for tweet?
A postcard manufacturer is permitted to continue printing a tweet on her postcards, as in the view of the Regional Court (LG) Bielefeld, it does not enjoy copyright protection due to lack of the necessary level of creative effort.
Read more23 February 2017
Liability for manipulated Amazon listings?
Amazon Marketplace sellers are liable as interferers for trademark infringements in the context of a product description subsequently altered by third parties. They are therefore subject to a monitoring and examination duty.
Read more21 February 2017
"Exclusively in Your Pharmacy" – Misleading Advertising?
May a company advertise that its products are available exclusively in the pharmacy if it sells the products only to pharmacies itself, but they can be obtained through other channels? The Regional Court (LG) Hamburg says no.
Read more18 February 2017
Schumacher achieves partial success against SUPERillu
Does press reporting on the state of health of public figures constitute a violation of general personality rights that must be ceased? The Federal Court of Justice (BGH) has now decided on Michael Schumacher's lawsuit against the publishers of the magazine SUPERillu.
Read more17 February 2017
No 'Hard Rock Cafe' in Heidelberg
The Hard Rock Cafe in Heidelberg, which does not belong to the well-known Hard Rock chain, is no longer permitted to be operated under its previous name. The parties have now agreed to this following a years-long legal dispute.
Read more15 February 2017
Böhmermann insulting poem remains further prohibited!
The Regional Court (LG) Hamburg confirmed in the main proceedings Erdoğan ./. Böhmermann the decision of the court already handed down previously in the interim relief proceedings and further prohibited some passages of the insulting poem. However, the final word has not yet been spoken here.
Read more14 February 2017
Max Pechstein – Forgery Has No Chance
An art lover must consent to the destruction of a drawing because it is not an original work by Max Pechstein.
Read more11 February 2017
eBay seller: obligation to provide information on OS platform?
Since 09.01.2016, pursuant to the EU Regulation on the Online Resolution of Consumer Disputes, online merchants have been obliged to place a link to the OS platform on their website (as we reported). Are eBay sellers also subject to this information obligation?
Read more08 February 2017
Opodo loses dispute over design of booking process
Consumers who book travel or flights via the Internet are regularly prompted to order additional services such as insurance. Furthermore, customers are often charged with additional service fees at the end of the ordering process. The Federal Court of Justice (BGH) had to decide on a booking process at opodo.de.
Read more07 February 2017
No privilege for online video recorders
The Regional Court (LG) Munich had recently to decide whether the recording of broadcasts with an online video recorder constitutes the production of private copies permitted under copyright law. In doing so, the court assessed in particular whether such could be privileged private copies if and insofar as the users did not themselves record the television programme to be recorded.
Read more02 February 2017
World of Warcraft – more than just software?
The client software of World of Warcraft is protected by copyright. In addition to the computer programme, the audiovisual game data such as music and film sequences are also afforded copyright protection.
Read more31 January 2017
Is price indication necessary when presenting in a shop window?
In order to offer consumers optimal price comparison options, prices must be indicated in accordance with the Price Indication Regulation (PAngV) when goods are offered for sale. But what about goods that are merely presented in a shop window? Must these be marked with a price tag? The Federal Court of Justice (BGH) took a position on this matter.
Read more27 January 2017
Spam can be expensive
Even among merchants, unwanted sending of email advertising can be very troublesome. In the present case, an automotive workshop was able to successfully defend itself against the unwanted dispatch of spam emails.
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