News
975 articles
26 July 2016
No fee for property viewings
In 2015, the Housing Intermediaries Act (WoVermG) was newly regulated. Among other things, the so-called 'client principle' was introduced, whereby the person who commissions the agent must pay him – as a rule, therefore, the landlord. However, can an agent charge a fee to prospective tenants for a property viewing? The Regional Court (LG) Stuttgart says no.
Read more23 July 2016
Red colour mark retained by Sparkasse!
The proceedings concerning the deletion of the red colour mark registered by the umbrella organisation of the Sparkassen financial group for financial services have come to an end! In final instance, the Federal Court of Justice (BGH) has rejected the deletion of the colour mark.
Read more21 July 2016
Violation of personality rights in a feature film?
Feature films are frequently based on real events or are at least inspired by them. It can therefore well occur that someone recognises themselves in the role of an actor when 'their story' has been made into a film. Can that person take action against the release of the film or at least the corresponding scenes?
Read more13 July 2016
Stars in the hotel coat of arms – hotel rating?
Is it unlawful competition for a hotel to advertise stars in a coat of arms if these do not provide any information about a neutral hotel rating? Not always, the Regional Court (LG) Freiburg ruled and dismissed the action for an injunction brought by the Competition Authority.
Read more12 July 2016
Perfumery vouchers as an incentive with dental products?
The Medicines Advertising Act (Heilmittelwerbegesetz) sets out the conditions under which advertising for, amongst other things, medicines and medical devices is permissible. The Higher Regional Court Karlsruhe (OLG Karlsruhe) had to examine these conditions in a case in which dental products were advertised to dentists – namely with the provision of perfumery vouchers. Is such advertising lawful?
Read more08 July 2016
POLICE as a Protected Name?
The term "police" enjoys name protection because it permits a clear attribution to the police authorities of the federation and the federal states. In case of unauthorised use of the name, these authorities may demand cessation.
Read more07 July 2016
Injunction against Böhmermann for abusive criticism!
Is Jan Böhmermann permitted to repeat his statements presented in the form of a poem entitled "Abusive Criticism"? The Turkish President and "victim" of the satirical poem Recep Erdoğan wanted to prevent this and applied for a preliminary injunction against the television presenter.
Read more06 July 2016
No before/after images for cosmetic surgery
Are doctors permitted to advertise cosmetic surgery, in particular by presenting photographs of patients before and after treatment, or does such advertising violate applicable law? This question had to be decided by the Higher Regional Court (OLG) Koblenz.
Read more01 July 2016
Advertising slogan 'mild cigarettes' permissible?
May cigarettes be advertised as 'mild' or does such advertising constitute unfair competition misleading consumers? The Regional Court (LG) Hamburg has now decided this legal question in first instance.
Read more30 June 2016
Copyright protection for public domain paintings?
Do photographs of public domain paintings taken by photographers enjoy copyright protection, or may these be used freely? The Regional Court (LG) Berlin recently had to decide this question.
Read more29 June 2016
Unfair imitation of shoe soles?
Insofar as products in question do not enjoy special legal protection, for example because a design or trade dress is registered, the principle of freedom to imitate applies. However, this is restricted where product imitation causes confusion as to the origin of the product or amounts to misappropriation of reputation. The Higher Regional Court (OLG) Düsseldorf had to decide whether this was the case with certain sports shoe soles.
Read more28 June 2016
Acceptance of competitors' discount coupons permitted
Retailers are permitted to accept discount coupons from competitors. Corresponding advertising is also not anti-competitive. The drugstore chain Müller succeeds before the BGH.
Read more23 June 2016
Advertising with "Hollywood" lettering – permissible?
Hollywood is the centre of the U.S. film industry. Above the city of Los Angeles, in the Hollywood Hills, is the world-famous lettering "HOLLYWOOD". May this lettering be used in advertising, or does competition law place limits on it?
Read more22 June 2016
"Like" button in online shop unfair
The integration of the Facebook 'Like' button in the context of an online shop constitutes an infringement of competition law, provided that the shop operator does not inform the user that in the event of use of the button, the user's IP address will be transmitted to Facebook.
Read more15 June 2016
Subsequent remuneration of a journalist?
Can a freelance photographer-journalist who has concluded a contractual agreement with his publisher to have his photographs published for EUR 10.00 per photo contribution in daily newspapers assert a claim for copyright-based subsequent remuneration on the grounds of unreasonably low remuneration?
Read more14 June 2016
eBay: comparative advertising – breach of competition law?
With offers on eBay and similar platforms, the question arises whether one may advertise with statements such as 'No Fr.' or whether the use of such a designation constitutes impermissible comparative advertising. The Regional Court (LG) Munich took a position on this question.
Read more13 June 2016
Car dealership must not advertise with manufacturer logo
A car dealership that is not an authorized dealer for specific automobile brands must not advertise using the corresponding manufacturer logo in the course of its business operations. In the opinion of the Higher Regional Court (OLG) Jena, such advertising—regardless of trademark law issues—creates a misleading impression regarding the existence of authorized dealer status.
Read more09 June 2016
"vegan" / "vegetarian" – Definitions for Food Labelling
More and more Germans are eating vegan or vegetarian. Demand for vegan and vegetarian foods is therefore rising rapidly. But what exactly does vegan or vegetarian actually mean?
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