News
975 articles
08 June 2016
Google most valuable brand in 2016!
As every year, the communications agency MillwardBrown published a list of the 100 most valuable brands in 2016, the so-called "BrandZ Top 100 Most Valuable Global Brands". In doing so, the Google brand has once again left the Apple brand behind and has even increased its lead.
Read more07 June 2016
Damages for GPL Infringement
The offering of open source software in breach of the licence obligations under the GPL constitutes a copyright infringement. In the view of the LG Bochum, the rights holder is entitled to both information and damages claims on the basis of licence analogy.
Read more06 June 2016
'The Life of Brian' – Not on Good Friday!
The film 'The Life of Brian' is not permitted to be shown publicly in North Rhine-Westphalia on a Good Friday, as it is not recognised as suitable for exhibition on a Good Friday under the North Rhine-Westphalian Public Holiday Act.
Read more03 June 2016
Imprint must be easily legible
A breach of the imprint requirement can result in competition law cease and desist letters. This was also the case in a matter that the Regional Court (LG) Dortmund had to decide. Specifically, the case concerned the legibility of the imprint in promotional brochure advertising.
Read more31 May 2016
Moses Pelham wins constitutional complaint!
Are musicians permitted to copy short sequences from other people's songs and use them in their own musical pieces without asking the copyright holder for permission? This legal question was submitted to the Federal Constitutional Court (BVerfG) by Moses Pelham, who was prohibited by the Federal Court of Justice (BGH) from using a musical sequence from Kraftwerk's song 'Metall auf Metall' for his own composition
Read more31 May 2016
"Code of Honour" for dentists?
The professional association of dentists in Schleswig-Holstein is not permitted to use the feature "Code of Honour" as a search criterion within the "Practice Search" function. The Schleswig-Holstein Higher Regional Court (OLG) has confirmed that the use of this feature as a search criterion is contrary to competition law and must therefore be discontinued.
Read more30 May 2016
Trade mark infringement through geographical indication of origin?
Does the marketing of a product with an incorrect geographical indication of origin constitute trade mark infringement? The Federal Court of Justice (BGH) has now decided this matter.
Read more26 May 2016
File sharing: Duty to instruct co-residents?
Does the holder of an internet connection owe a duty to instruct and monitor if this person grants access to their internet connection to adult members of their shared living arrangement, their adult visitors or guests? The Federal Court of Justice (BGH) has now decided this legal question.
Read more25 May 2016
WhatsApp must translate terms and conditions
The instant messaging service WhatsApp must provide its terms and conditions in German language on its German website. The English-language terms and conditions are non-transparent for consumers from Germany and therefore ineffective. The Berlin Court of Appeal (Kammergericht) has now confirmed this as well.
Read more24 May 2016
Hotel.de – End of Own Star Rating System
Online rating portals enjoy great popularity, particularly with regard to hotels. Who has not already checked how well or poorly the hotel being considered for the next holiday performs. But is it permitted for rating portals to carry out the ratings themselves? The Higher Regional Court (OLG) Nuremberg says no.
Read more19 May 2016
Risk of confusion between "B!O" and "bo"?
Is there a risk of confusion between the trade mark "B!O" of the food discount retailer Penny-Markt and the earlier trade mark "bo"? The Court of Justice of the European Union in Luxembourg had to decide on this.
Read more13 May 2016
Advertising for homeopathic medicinal products misleading
The content of effect-related advertising statements for medicinal products must regularly correspond to established scientific knowledge. If this is not the case, the advertising for medicinal products is unlawful. According to the decision of the OLG Koblenz, this also applies to homeopathic medicinal products, provided that the advertising statements go beyond the scope of the approved therapeutic indication.
Read more06 May 2016
Copyright protection for a text line?
Can the author of a book on masonry damp-proofing claim copyright protection for his subtitle "When the house has wet feet"? The Higher Regional Court of Cologne (OLG Köln) has now had to decide this question in the context of proceedings for a prohibitory injunction.
Read more04 May 2016
Designation "Chiemseer" for beer from Rosenheim?
Is the imprint "Chiemseer" on beer bottles a geographical indication of origin? Is the use of such an imprint impermissible if the beer is not brewed at Lake Chiemsee but at another location? The Higher Regional Court (OLG) of Munich had to decide this case.
Read more03 May 2016
Reporting suspicions in online archives?
Reporting suspicions in the media is repeatedly the subject of court proceedings. The Federal Court of Justice (BGH) has now had to decide whether information about a suspect that is accessible in the online archives of a newspaper must be deleted by the publisher if the original reporting was inadmissible.
Read more28 April 2016
Data protection declaration in contact form?
Is a data protection declaration required for contact forms on the internet, and does the failure to provide one constitute an unfair competition violation? The Higher Regional Court of Cologne (OLG Köln) had to decide whether a person seeking contact must be able to recognise what the personal data entered by them in the form will be used for and how long such data will be stored.
Read more27 April 2016
Zwanziger and the cancer of world football
Shortly before the start of the forthcoming European Football Championship, the Regional Court (LG) Düsseldorf dealt with the legality of the statement by Dr. Theo Zwanziger that Qatar is a cancer of world football. In the view of the court, the Qatar Football Association cannot demand cessation of the statement, as it is justified by the freedom of opinion guaranteed under the German Constitution (Grundgesetz).
Read more26 April 2016
Unfair advertising – Ginkgo extract
Advertising with health-related claims is strictly regulated for foodstuffs in order to protect consumers. According to these rules, a product may only be advertised with the effect it produces if this has already been scientifically proven before the publication of the corresponding advertising statements. The Higher Regional Court (OLG) Cologne confirmed this in another case.
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