News
975 articles
09 March 2016
Amazon Prime order button anticompetitive?
Online retailer Amazon was accused of failing to comply with statutory regulations through the design of the order button for Amazon Prime. The Higher Regional Court (OLG) in Cologne upheld a finding of breach of competition law.
Read more08 March 2016
Lacoste Crocodile vs. Caiman
The world-famous Lacoste crocodile prevails in a trade mark dispute against the caiman of a Polish company. Despite the weak visual similarity of the signs, the French label was able to successfully rely on its reputation.
Read more03 March 2016
No trademark for Coca-Cola
A Coca-Cola bottle without fluting does not possess sufficient distinctive character vis-à-vis other bottles on the market and therefore cannot be registered as a three-dimensional mark. This follows from a judgment of the Court of Justice of the European Union (EuGH)
Read more02 March 2016
"Only in participating stores" – Permissible advertising?
Is advertising containing the restriction "All offers are available only in participating stores" contrary to competition law if the advertising also lists stores that do not offer the corresponding sales promotion? The Federal Court of Justice (BGH) had to decide this question of competition law.
Read more01 March 2016
Enhanced due diligence obligations for review portals?
Must a review portal such as the doctor review portal Jameda forward a complaint made by an affected doctor to the person giving the review and urge that person to describe the alleged treatment contact in as much detail as possible? The Federal Court of Justice (BGH) has now ruled on the legal question regarding the existing due diligence obligations of such review portals.
Read more29 February 2016
Misleading advertising through price statements
When enterprises advertise their products, various requirements must be observed. In particular, the Price Indication Ordinance (PAngV) sets certain specifications. The Higher Regional Court (OLG) in Dresden had to decide in competition law whether an enterprise had complied with the PAngV in its advertising with price statements or not.
Read more24 February 2016
"Pick up" Biscuits – Product Placement in the Jungle Camp
Seeing branded products in television programmes is nothing unusual. Occasionally, deliberately well-known or new products creep in – mostly products from the food sector. If certain conditions are met, so-called product placement is also permitted. Whether the line to unlawful product placement had been crossed, the Administrative Court (VG) Hannover had to decide in respect of Pick Up biscuits on RTL [...]
Read more23 February 2016
43 Cease-and-Desist Letters per Week an Abuse of Rights?
An online retailer had his solicitor send cease-and-desist letters to 43 competitors in one week for various competition law violations. The online retailer had set very short deadlines for the submission of a declaration of undertaking. The Higher Regional Court (OLG) Hamm had to decide whether this cease-and-desist activity constituted an abuse of rights.
Read more22 February 2016
The Original – or not?
An advertising statement containing the claim "THE ORIGINAL" is misleading if the advertiser cannot claim the corresponding unique selling point – in the present case a placement platform for pensioners – for itself.
Read more18 February 2016
No power to the drone
The overflight of a remote-controlled drone over another person's property whilst taking images in real-time transmission infringes the personality rights of the property owner. The Local Court (AG) Potsdam so decided in a legal dispute between two neighbours.
Read more17 February 2016
Uploading third-party photos to your own cloud – copyright infringement?
Cloud Computing offers users numerous possibilities. In particular, it enables the user to retrieve services and stored data from anywhere. However, legal questions repeatedly arise in relation to this technology. For example, what is the situation when one uploads third-party photos to one's own internet cloud? Does this infringe copyright? The Regional Court (LG) Heidelberg dealt with [...]
Read more11 February 2016
New information obligations for online merchants
Since 09.01.2016, the EU Regulation on out-of-court settlement of consumer disputes applies. What does this mean for online merchants? What new information obligations must online merchants fulfil?
Read more10 February 2016
Is the Smartphone App MyTaxi anti-competitive?
May the taxi drivers' cooperative prohibit its members in its articles of association from using the smartphone taxi brokerage app MyTaxi? The app operator has now had this competitive restriction reviewed by the Higher Regional Court (OLG) Nuremberg.
Read more08 February 2016
Freedom of Art vs. Right to Personality – 'Fear' prevails
The right of a right-wing politician to protection of her personality must yield to freedom of art. This was decided by the Regional Court (LG) Berlin in interlocutory proceedings in favour of the Berlin Theatre Schaubühne. The play 'Fear' may continue to be performed unchanged.
Read more04 February 2016
GEMA vs. YouTube
On video platforms such as YouTube, users can upload and publish videos. But what if users upload videos with unlawful content, for example in violation of copyright rights? This raises the question of whether YouTube is liable for this. The Higher Regional Court (OLG) in Munich has made a decision on this matter.
Read more02 February 2016
Commercial use of works in the public domain permissible?
May a photograph of a work in the public domain be used commercially? This legal question had to be decided by the Local Court (AG) Nuremberg in connection with the use of a photograph of a painting by Cäsar Willich that was over 150 years old.
Read more01 February 2016
No nude pictures as keepsakes
Where nude pictures or other intimate image and video recordings are created during an intimate romantic relationship, these must be deleted upon request of the ex-partner following the end of the relationship. This has now also been confirmed by the BGH.
Read more28 January 2016
Trademark manufacturer may prohibit distribution via Amazon!
Is a trademark manufacturer permitted to prohibit its dealers under a distribution agreement from selling branded goods on internet sales platforms such as Amazon and from advertising them via price comparison portals? This was recently a matter for decision by the Higher Regional Court (OLG) Frankfurt a.M.
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