News
975 articles
13 December 2011
Update: eBay Changes Hybrid Landing Pages (slightly)
Today, eBay's friendly compliance officer called again regarding the matter of hybrid landing pages (we have reported on this). He informed us that a change has been made in the meantime and everything is now in proper order. The withdrawal instructions, terms and conditions, and other legal information of the merchants are now accessible in accordance with consumer protection legal requirements. He is mistaken.
Read more10 December 2011
Word mark or figurative mark – The dilemma of choice when filing a trademark application
Anyone wishing to register a trademark faces a choice as to which form of trademark to select. In addition to some exotic types (e.g. sound mark, positional mark, etc.), word marks and figurative marks or word/figurative marks are primarily available. However, few laypeople are aware that with their choice at the time of application, they are already setting decisive precedents that may later […]
Read more10 December 2011
eBay case law drifts into the realm of the absurd
Recently, the Regional Court (LG) Dortmund decided in summary proceedings (see our article) that the withdrawal period for eBay listings, even when the withdrawal information is sent immediately after the auction ends, is one month, although the legislator, with the redesigned provisions in §§ 355 Abs. 2 BGB, deliberately provided relief for commercial sellers on eBay. The underlying argumentation is […]
Read more08 December 2011
PayPal and Account Suspension: Litigation in Germany?
As a merchant, if you become involved with PayPal, you can experience some surprises – especially if you rely on PayPal as your primary service provider for Internet payment transactions. Like many other PayPal customers, our client's account was suddenly restricted or frozen overnight, making any disposal of the account balance impossible. With […]
Read more06 December 2011
Service partner = Contractual partner?
The Federal Court of Justice (BGH) in Karlsruhe had to decide on the unfair competition aspect of an automobile dealership's advertising, which advertised a motor vehicle with a registration several months old as a new car and furthermore presented itself as a contractual partner of an automobile manufacturer, although it was merely a service partner but not an authorised dealer of Ford.
Read more05 December 2011
Trade Mark Infringement Despite Reference to the Offered Services
The use of a third-party figurative mark in the context of advertising for services (here: motor vehicle inspection work) may infringe the advertising function of the mark (§ 14 Abs. 2 Nr. 1 MarkenG) and violate good morals, such that the limitation provision of § 23 MarkenG (descriptive use of third-party marks) does not apply – BGH, Judgment of 14.04.2011 (I ZR 33/10) – Große […]
Read more05 December 2011
Trade mark infringement through business name use of a sign
In its judgment of 12.05.2011 (I ZR 20/10), the Federal Court of Justice (BGH) addressed the interesting question of whether a trade mark can be infringed by another company using an identical or similar designation as its business name, i.e. as a company designation.
Read more05 December 2011
Opening offers with price comparison without time limitation impermissible
The varieties of advertising with highlighted prices are manifold. The spectrum ranges from opening offers via anniversary prices to final and clearance sale campaigns. As the Federal Court of Justice (BGH) established in its judgment of 17.03.2011 (I ZR 81/09), different requirements for price transparency apply to opening offers with regard to the principle of price transparency than in the case of clearance sales, because […]
Read more05 December 2011
No revision in copyright dispute concerning Stuttgart 21
The demolition of the northwest wing of the Stuttgart main railway station, known as the Bonatz Building, was the starting point of legal proceedings between a grandson of architect Paul Bonatz and Deutsche Bahn AG. After the Higher Regional Court (OLG) Stuttgart refused to permit a revision of its decision, the Bonatz grandson filed a petition for leave to appeal to the Federal Court of Justice (BGH).
Read more02 December 2011
No damages for file-sharing in the absence of proof of infringement
In June 2011, the Regional Court of Stuttgart (LG) dealt with the case 17 O 39/11 with the question of whether claims for reimbursement of expenses or damages exist in cases of alleged copyright infringement as a result of unauthorised use of file-sharing software. In the case in question here, the action was dismissed in full by judgment dated 28.06.2011. The appeal subsequently lodged before the Higher Regional Court of Stuttgart (OLG) […]
Read more29 November 2011
Demand letters sent to consumer despite legal representation?
The Federal Court of Justice (BGH) in Karlsruhe had to decide whether sending demand letters to private individuals should be permitted when they have already notified the sender of a formal demand (abmahnung) of their legal representation in the relevant matter.
Read more24 November 2011
Advertising with fixed prices misleading?
The Higher Regional Court (OLG) Hamm had to decide whether an electricity supplier may advertise with fixed prices if this price guarantee was qualified by an asterisk note.
Read more14 November 2011
Ineffective Terms and Conditions of Pay-TV Provider Sky?
The Higher Regional Court (OLG) Munich had to decide whether the General Terms and Conditions of the pay-TV provider Sky permitted the private broadcaster to call its customers for advertising purposes or whether this advertising practice was to be regarded as anti-competitive.
Read more03 November 2011
Is listing goods under a false search category unlawful?
In the present case, the judges in Karlsruhe had to decide whether listing goods on internet trading platforms under false search categories is misleading and thus contrary to competition law.
Read more27 October 2011
Infringement of personality rights by Google?
The Federal Court of Justice (BGH) had to decide whether the host provider based in the USA is liable for statements of fact which a third party published in a blog on its servers.
Read more17 October 2011
Must "Black Forest ham" be sliced in the Black Forest?
The Federal Patent Court (Bundespatentgericht) had to decide whether manufacturers may label their sausage products "Black Forest ham" if they produce the ham in the Black Forest, but it is sliced and packaged at a different geographical location.
Read more13 October 2011
The new right of withdrawal 2011 – amendments to the withdrawal information
Following the comprehensive amendment of the right of withdrawal in June 2010, on 04.08.2011 the "Act on the adjustment of provisions concerning the return value of distance contracts and linked contracts" adopted by the German Bundestag on 27.07.2011 has now entered into force, which once again necessitates an adjustment for merchants on eBay, Amazon and other platforms as well as conventional online shops. Due to [...]
Read more12 October 2011
Use of product symbols unfair?
The Federal Court of Justice (BGH) had to decide whether Pelikan was permitted to use symbols which Epson uses almost identically to describe the suitability of its cartridges for its printers.
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