News
975 articles
25 July 2014
Historical non-fiction works as basis for fiction material?
Where a novel or feature film is based on actual events that have already been published in a non-fiction work, the question arises as to what extent the adoption of one or more elements constitutes a copyright infringement. The Higher Regional Court (OLG) Munich reached a fundamental decision on this issue in response to a claim by a non-fiction author against the bestselling novel "Tannöd" by Andrea Maria Schenkel.
Read more23 July 2014
No compensation for data protection-violating data trading
Can a company that commercially trades in data demand its compensation even if the transfer of the transmitted data violates data protection law? The Local Court (AG) Hagen had to decide on this in the case of online leads.
Read more22 July 2014
Only EUR 20,- damages in file-sharing?
In a file-sharing lawsuit, the Local Court (AG) Düsseldorf had to decide whether a private individual who offers copyright-protected musical works can be equated with a commercial licensee or whether the assessment of licence damages in the case of a consumer should be evaluated differently.
Read more20 July 2014
No free choice of language for terms and conditions
Is a foreign company which offers its services or goods to German consumers obliged to provide general terms and conditions in the German language? The Regional Court (LG) Berlin had to decide on a lawsuit filed by the Federal Association of Consumer Centres and Consumer Associations (vzbv) against the US-American instant messaging service WhatsApp.
Read more19 July 2014
Everyone thinks of themselves, only I THINK OF MYSELF!
This is what a trade mark applicant thought and he applied to the DPMA for a word/figurative mark consisting of a standard font and not particularly designed word sequence "ICH DENK AN MICH!" inter alia for jewellery, clothing and retail services. The sole design feature was the vertical arrangement of the individual words.
Read more18 July 2014
TV Service Aereo Facing the End?
The US Supreme Court had to decide the legal question of whether the online service www.aereo.com infringed the copyrights of TV broadcasters by converting local terrestrial television into an online TV stream.
Read more15 July 2014
Moisturising razor misleading?
The Higher Regional Court (OLG) Cologne had to decide whether a manufacturer of wet shavers is permitted to advertise that its products provide moisture during shaving. A competitor regarded this as false and therefore misleading advertising.
Read more11 July 2014
Design of Apple Stores as a protectable mark?
The well-known company Apple filed a three-dimensional mark for certain retail services with the United States Patent and Trademark Office (USPTO) in 2010. The representation submitted for this purpose shows the interior of a retail store (see below in this article), namely Apple's flagship stores. The mark was registered in the USA and later extended internationally to numerous countries, […]
Read more10 July 2014
Party photos of tenants in brochure permitted?
The Federal Court of Justice (BGH) had to determine whether a housing cooperative may publish a photograph of three female tenants taken at a party at their apartment building without their consent in a tenant brochure, or whether this constitutes a violation of the general right of personality of the persons depicted.
Read more08 July 2014
WEEE 2: National registration remains in place
WEEE 2 does not bring about the hoped-for uniform EU-wide registration for manufacturers, which would have meant that manufacturers would in future only need to register in one EU Member State. IT companies whose business activities are not limited to the territory of one EU Member State can attest to the unfortunate fact that they face inconsistent national registration requirements in WEEE registration.
Read more07 July 2014
Increase in GEMA and GVL fees?
The Federal Court of Justice (BGH) had to decide whether it is reasonable that dance and ballet schools must pay a 30% surcharge on the regular GEMA tariffs to the GVL. The Higher Regional Court (OLG) Munich had established this in the context of several proceedings in collective agreements concerning the remuneration for the use of music in dance courses and ballet instruction.
Read more04 July 2014
Peculiar Shoes
Can shoes enjoy protection against unfair copying under competition law? The Higher Regional Court (OLG) Frankfurt a.M. had to decide whether a ladies' pump with a platform sole and a "snub-nose-shaped" shoe toe possesses distinctive character in competition law and under what conditions the imitation of such a shoe constitutes unfair and avoidable origin confusion.
Read more03 July 2014
No disclosure obligation against rating portal
The question of whether the operator of a rating portal on the internet must provide information regarding the name and address of the author of a rating in the event of a violation of the right of personality of the rated person has occupied the courts of first and second instance for some time now. Now the Federal Court of Justice (BGH) has had the opportunity to comment on this question.
Read more02 July 2014
No liability of the hotel operator for WLAN
According to a recent decision of the Local Court (AG) Hamburg, a hotel operator's liability for copyright infringement caused by the use of file-sharing networks as a result of operating a hotel WLAN is excluded.
Read more30 June 2014
Rock am Ring only at the Nürburgring?
Who holds the rights to the "Rock am Ring" mark? The Regional Court (LG) Koblenz had to decide in expedited proceedings in the naming dispute between Nürburgring GmbH and Marek Lieberberg whether the concert promoter holds the earlier rights to the festival name and thus may organise a concert of the same name also outside the ring.
Read more30 June 2014
"Made in Germany" condoms from abroad?
Advertising condoms with the statements "made in germany", "deutsche Markenware" or "deutsche Markenkondome" is, according to current case law of the Higher Regional Court (OLG) Hamm, misleading if the essential manufacturing steps for the production of the condoms were carried out abroad.
Read more27 June 2014
Model contract for voice actors effective?
The Federal Court of Justice (BGH) had to decide whether a comprehensive assignment of rights in the general terms and conditions of a voice-over company could withstand scrutiny for general terms and conditions or whether contractual provisions governing the transfer of copyright usage rights, as a core area of private autonomy in contract design, are excluded from substantive review.
Read more25 June 2014
No proof of novelty of a design required
On a referral from the Supreme Court of Ireland, the supreme court, the Court of Justice of the European Union (EuGH) had to decide in preliminary ruling proceedings how the individual character of an unregistered Community design is to be determined and who is to prove it in infringement proceedings.
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