News
975 articles
21 March 2015
SCHUFA notice in dunning letter impermissible
The Federal Court of Justice (BGH) had to decide whether and under what circumstances a notice contained in a dunning letter from a company to its customers indicating an impending notification to the SCHUFA is impermissible.
Read more19 March 2015
Indication of energy efficiency class in online shop?
Sellers of electrical appliances must provide consumers with information on energy efficiency. This also applies to operators of online shops. The Higher Regional Court (OLG) Stuttgart had to decide where this information must be displayed.
Read more17 March 2015
Copyright in General Terms and Conditions?
Are General Terms and Conditions always copyrighted works created by lawyers, or do Terms and Conditions enjoy no copyright protection? This legal question had to be decided by the Local Court (AG) Kassel in a case in which a lawyer sued a shop operator for an injunction and damages.
Read more13 March 2015
Is a cease and desist letter required before filing an action?
An applicant for a preliminary injunction must send a cease and desist letter to the respondent before filing the application if he wishes to recover the costs of the proceedings from the respondent in the event of his success, and if the competitor immediately recognises the order issued against him. The Higher Regional Court (OLG) Frankfurt a.M. had to decide whether exceptions to this rule could be made in certain cases.
Read more11 March 2015
Design protection in the EU through exhibition in China?
An unregistered Community design enjoys protection against imitation for a period of three years, commencing on the day the design is first made available to the public within the Community. However, this requires that the design possesses individual character and the product is not known to the trade, i.e. is new. The Court of Justice of the European Union (EuGH) had to address itself […]
Read more09 March 2015
Violation of celebrity hairdresser through report in Bild newspaper?
May the Bild newspaper, within the scope of press freedom, name the employer of an arrested employee? A Berlin celebrity hairdresser saw himself as violated in his personality rights by the factual reporting of the boulevard newspaper and sued the daily newspaper.
Read more06 March 2015
Trade mark infringement of "Red Bull" by "Fucking Red"?
The Federal Patent Court (BPatG) had to clarify whether the trade mark "Fucking Red" infringes the well-known mark "Red Bull" because the marks are confusingly similar. Both marks are registered for identical goods and services.
Read more04 March 2015
Designation of origin 'Champagne sorbet' permitted?
May Aldi label a sorbet with the protected designation of origin 'Champagne' or does the discounter exploit the reputation of this protected designation through the use of 'Champagne'? The Higher Regional Court of Munich (OLG München) recently had to decide this legal question.
Read more25 February 2015
Are Auto-Reply Emails Spam?
The unsolicited sending of email advertising is deemed spam and therefore unfair competition, which advertisers must refrain from. Furthermore, the sending of advertising emails regularly also constitutes an interference with the general right to personality. The Regional Court (LG) Stuttgart recently had to decide, in second instance, whether an auto-reply email, which contains advertising at the end of the message, should likewise be classified as spam with [...]
Read more16 February 2015
File-sharing action barred by limitation despite dunning order?
Must the warning letter attorney determine the claim of his client precisely already out of court if he wishes to interrupt the three-year limitation period by means of a dunning order, or is it sufficient to individualize the claims sued for in the court proceedings? The Local Court (AG) Nürtingen has now answered this question in the context of a file-sharing action.
Read more15 February 2015
Free transport service of an eye clinic inadmissible?
Is an eye clinic permitted to offer a free transport service for its patients? Or does this violate the medicinal products advertising law prohibition on promotional gifts? The Federal Court of Justice (BGH) has addressed this question.
Read more14 February 2015
Au Backe – Is the advertising slogan for fruit quark misleading?
Is the advertising slogan "So important as a daily glass of milk!" permissible for a fruit quark? Or is the advertising slogan in question misleading? The Federal Court of Justice (BGH) had to deal with this matter.
Read more13 February 2015
Competent Court in Case of Copyright Infringement on the Internet
Which court should the author of a photograph turn to if it appears on a third-party website without his consent? The Court of Justice of the European Union (EuGH) has commented on this.
Read more11 February 2015
Purchased Facebook Fans misleading?
Is an entrepreneur permitted to purchase Fans, "Followers" and/or "Likes" for his profiles on social networks, or does this constitute misleading of traffic and thus unfair competition advertising? The Regional Court (LG) Stuttgart had to decide this question in the context of an application for a preliminary injunction.
Read more03 February 2015
Obligation to provide imprint for provisional website?
Must the operator of a commercial website that was accidentally posted on the internet provide an imprint as provided for in principle by the Teleservices Act (TMG), or is this merely a minor infringement with no competition law consequences? The Regional Court (LG) Essen recently had to decide this in the course of a cease-and-desist action.
Read more02 February 2015
Trade mark use through model designation?
The Higher Regional Court (OLG) Frankfurt a.M. had to decide whether the use of the registered trade mark "SAM" as a model designation for a garment also constitutes trade mark use of this name and thus a trade mark infringement.
Read more28 January 2015
Stage name for a prostitute in an identity card?
May a district authority refuse to enter a prostitute's stage name in an identity card? The Pankow District Authority rejected the application of the operator of an escort service on the grounds that the claimant does not engage in artistic activity and is not known under the stage name.
Read more23 January 2015
Electrical appliances without EAR registration – permissible for trade?
Time and again, online retailers distribute electrical goods imported from Asia under their own brand name without registering the brand and type of devices distributed with the Foundation for the Electrical Equipment Register (EAR). The Regional Court (LG) Stuttgart once again had to decide on the permissibility for trade of the unregistered goods.
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