News
975 articles
26 January 2016
Designation 'Germany' Misleading for Goods from China
The Higher Regional Court (OLG) Frankfurt a.M. recently had to decide whether products bearing the additional term 'Germany' constitute misleading competitive conduct if the products are in fact manufactured abroad.
Read more21 January 2016
File-sharing: Are Parents Liable for Their Adult Children?
According to a recent judgment of the Higher Regional Court (OLG) Munich, parents are liable as line subscribers even for illegal file-sharing by their adult children if they assert that one of the children is responsible for the infringing act but do not identify that child by name.
Read more19 January 2016
Violation of personality rights through auto-reply email?
Many companies use the auto-reply function, i.e. automated receipt confirmations by email. Whether advertising additions may be included in auto-reply messages when the recipient of the message has objected to the receipt of advertising had to be decided by the Federal Court of Justice.
Read more18 January 2016
AdBlock software is contrary to competition law
The prevention of the display of advertising content on a website by the ad-blocking software AdBlock is contrary to competition law. This is how the Regional Court (LG) Frankfurt a.M. decided in preliminary injunction proceedings brought by the operator of the online newspaper "Die Welt".
Read more15 January 2016
Facebook is not permitted to offer 'Find Friends'
'Are your friends already on Facebook?' With this question Facebook advertised to registered users and requested access to their email address books. The Federal Court of Justice (BGH) was now required to decide whether the invitation emails subsequently sent to non-registered persons constitute unfair competition.
Read more15 January 2016
Right of quotation in exclusive interviews?
Is a television broadcaster permitted to broadcast an exclusive interview recorded by a competitor and already aired in its own television programme, or does this constitute a copyright infringement? The Federal Court of Justice (BGH) recently had to address this question.
Read more12 January 2016
Is advertising with "limited quantity" permissible?
Is advertising for goods "only available in limited quantity" impermissible and thus anticompetitive if the stock of advertised products is so low that the consumer has scarcely any chance of purchasing the offered goods? The Higher Regional Court (OLG) Koblenz now had to decide on this question of unfair competition law.
Read more06 January 2016
Secondary burden of proof regarding the internet connection holder
The internet connection holder warned about illegal file sharing bears a secondary burden of proof in the proceedings. However, how far-reaching is this secondary burden of proof? We summarise below the key points regarding the judgment "P2P Network III".
Read more17 December 2015
Failure to provide adequate instruction results in parental liability!
What are the requirements for adequate instruction of minor children regarding illegal file-sharing? The Federal Court of Justice (BGH) dealt with this issue in the summer. We summarise below the key information from the judgment "Tauschbörse II".
Read more10 December 2015
Connection holder must prove access by third parties!
What are the requirements for evidence production with regard to investigations into illegal file-sharing? Is it decisive for the liability of the connection holder whether he has an interest in the work? What is an appropriate level of damages? The reasoning for the Federal Court of Justice (BGH) judgments "File-sharing Exchange I, II and III" dealing with these issues was published this week. The most important [...]
Read more03 December 2015
Extension of a discount campaign
Discount campaigns are particularly popular advertising measures during the pre-Christmas season. However, it must be noted that this must not constitute a breach of competition law. Whether an extension of a time-limited discount campaign is anti-competitive had to be decided by the Regional Court of Hamburg (LG Hamburg).
Read more02 December 2015
Official liability of the State for copyright infringement by a teacher?
If a teacher at a public school advertises the offerings of the educational institution on the Internet and in doing so commits a violation of a photographer's copyright by unauthorised use of a photograph, the question arises whether the State employing the teacher is liable for the copyright infringement. The Higher Regional Court (OLG) Celle recently had to decide this question.
Read more30 November 2015
Ranking of the Most Valuable Retail Brands
The management consultancy OC&C Strategy Consultants measured in the new edition of the Proposition Index, by surveying 26,000 consumers, the extent to which German retail meets the expectations of its customers. The winner for the third consecutive time was the drugstore chain DM.
Read more27 November 2015
Using third-party photos can be expensive!
When using photos taken by a third party, is one obliged to verify the legal situation regarding usage rights, even if the person who provides the photos to you assures you that they have usage and transfer rights? This was the question that the Regional Court Düsseldorf (LG Düsseldorf) had to decide.
Read more26 November 2015
Apple guarantees contrary to competition law?
May Apple freely determine the content of its voluntary manufacturer warranty? The Verbraucherzentrale Bundesverband e.V. (vzbv) questioned this and issued an abatement notice to Apple for breaches of competition law, including breaches of the transparency requirement for its warranty clauses.
Read more25 November 2015
Over one billion euros in turnover with branded products!
As four years ago, the management consultancy McKinsey and the Markenverband have examined the importance of the brand industry for Germany's business location. The result is impressive. In the past year, branded product manufacturers generated over one billion euros in turnover and thus 21 percent of all sales in Germany.
Read more24 November 2015
Sales ban for 'Le-Pliage'-like handbags?
Handbags are popular items for product counterfeiters. Imitations of the well-known 'Le-Pliage' handbag series manufactured by Longchamp are distributed worldwide. The Higher Regional Court (OLG) in Hamm had to decide whether handbags of a different manufacturer constitute unfair competition imitations or not.
Read more22 November 2015
Advertising with domain parkplatz-polizei.de contrary to competition law?
Does advertising on the website of a tow truck company using images of tow trucks that do not belong to the company depicted but rather to a competitor, as well as the use of the domain www.parkplatz-polizei.de, constitute misleading advertising? The Regional Court (LG) Augsburg had to decide this legal question.
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