News
975 articles
12 December 2012
Fraudulent representation of false filling quantity despite multiple quantity specifications?
The Higher Regional Court (OLG) Karlsruhe had to decide in the second instance whether the packaging of a fresh cheese product deceived consumers because of its packaging size regarding the quantity of the packaging contents, even though the manufacturer had provided an accurate quantity specification on the packaging.
Read more28 November 2012
No tortfeasor liability for use of RetroShare
To date, the offering of protected works through the use of file-sharing software, in the form of a centralized P2P system, has been the subject of numerous copyright cease-and-desist letters. The Regional Court (LG) Hamburg has now decided in a case involving the use of RetroShare.
Read more27 November 2012
Dr. Oetker loses pudding dispute against Aldi
In the pudding dispute between food giants Dr. Oetker and Aldi, the Bielefeld manufacturers of the original product Paula have announced that following their renewed defeat, they will bury the hatchet and will not lodge any appeals against the judgment rendered.
Read more16 November 2012
Correct determination of the IP address – proving it with an expert opinion?
A file-sharing cease-and-desist letter is typically preceded by a court order which enables the copyright holder to assign an IP address identified during a copyright infringement to a specific connection. In the present case, the Higher Regional Court (OLG) Cologne had to decide to what extent an expert opinion concerning the reliability of IP address determination must demonstrate that at the time of the infringement, errors in the determination are ruled out.
Read more25 October 2012
Amazon: Trade mark and sign law pitfalls
The Amazon system is in itself a good thing. The centralised data management achieved through standardising product descriptions ensures maximum comparability of offers, facilitates the work of marketplace sellers and Amazon's administration. However, this system has its pitfalls when one sells one's own goods thoughtlessly under an already existing product description that another seller has created […]
Read more25 October 2012
Food designation "Energy & Vodka" compatible with consumer protection?
A manufacturer of alcoholic mixed drinks was sued for an injunction because this manufacturer placed one of its products with the designation "Energy & Vodka" on the market. The Higher Regional Court (OLG) Hamm had to decide whether this constitutes a breach of the Health Claims Regulation and is thus anticompetitive.
Read more12 October 2012
Advertising slogan "400 years of brewing tradition" misleading?
The Federal Court of Justice (BGH) in Karlsruhe had to examine in the context of the admissibility test of an appeal whether a brewery may advertise with the slogan "over 400 years of brewing tradition" on beer bottles and beer crates if this advertising statement corresponds to the truth but can be misunderstood by a part of the public.
Read more05 October 2012
Distance selling in the case of purchase of goods in the retail business?
The Court of Justice of the European Union (EuGH) was presented with the legal question of whether a consumer domiciled in Austria, who purchased a vehicle at a car dealership in Hamburg, may sue it before an Austrian court.
Read more05 October 2012
Apple trademark once again the world's most valuable brand in 2012
The communications agency MillwardBrown publishes a list of the 100 most valuable brands every year, the so-called "BrandZ Top 100 Most Valuable Global Brands".
Read more21 September 2012
Is the designation "Biomineralwasser" misleading?
The Wettbewerbszentrale (competition authorities) issued a warning to a mineral water manufacturer because it designated and advertised its product as "Biomineralwasser". The Bundesgerichtshof (Federal Court of Justice (BGH)) had to decide whether this advertising actually constitutes misleading conduct under competition law.
Read more12 September 2012
Is a performance claim permitted for a cosmetic device?
The case to be decided by the Higher Regional Court (OLG) Karlsruhe concerns the admissibility under competition law of advertising for a cosmetic ultrasound device. The manufacturer stated in the advertising that skin rejuvenation could be achieved with its device, among other things. A competitor considered this to be misleading and issued a cease-and-desist letter.
Read more09 August 2012
Expiration of the principal licence – what happens to the derived sublicence?
The Federal Court of Justice (BGH) had to decide in a recent judgment whether the expiration of a principal licence leads to the expiration of a sublicence when the principal licensee has granted the sublicensee an exclusive right of use in exchange for participation in licence proceeds and the principal licence expires as a result of the amicable termination of the principal licence agreement.
Read more07 August 2012
Must advertising agencies check trademark rights?
The Regional Court of Appeal (Kammergericht) Berlin had to decide whether advertising agencies must provide their services free from third-party trademark rights or must at least inform the client that they do not conduct an independent trademark search.
Read more31 July 2012
Liability of Rapidshare for copyright infringements?
The Federal Court of Justice (BGH) had to decide whether Rapidshare is liable for copyright infringements by its users, even though the file-hosting service does not know the contents of the uploaded files.
Read more28 July 2012
Handling of Restructuring and Use-Up Periods in Cases of Intellectual Property Rights Infringement
If someone is rightly pursued by a rights holder or a competitor for an intellectual property rights infringement (trademark, copyright, design, etc.) or an unfair competition violation (e.g. misleading advertising), they are in luck if the other party agrees to a restructuring or use-up period and thereby gives them time to remedy the infringement. However, this does not provide a free pass for further acts of infringement [...]
Read more20 July 2012
Wagenfeld lamp cheaper abroad?
Design classics are always extremely popular. This is also one of the main reasons for the numerous copies that can ultimately be purchased as design bargains. However, design classics enjoy copyright protection, so the supposedly inexpensive bargains are typically counterfeits, as in the case of the Wagenfeld lamp.
Read more25 June 2012
Trade mark cancellation due to lack of distinctive character after four years?
The Federal Patent Court (Bundespatentgericht) in Munich had to decide in cancellation proceedings whether the sign "jungbrunnen", registered in 2008 inter alia for coffee, tea and confectionery, could indicate commercial origin or whether the trade mark should be cancelled due to lack of distinctive character.
Read more13 June 2012
Is the recruitment of employees via XING unfair competition?
The Regional Court (LG) Heidelberg had to decide whether a message sent to employees of a competing company via the social media platform XING was contrary to competition law and obliged the recruiting party to refrain from such conduct.
Read more