News
975 articles
01 June 2011
Copyright infringement by McDonald's through advertising jingle?
The composer of the melody of the McDonald's advertising jingle "I'm lovin' it" sued the global corporation for copyright damages because the corporation had not released his composition for publication, but McDonald's published it worldwide.
Read more01 June 2011
Is the trade mark "Dry Speed" purely descriptive for dry drilling bits?
The Federal Patent Court (Bundespatentgericht) had to decide whether the trade mark "Dry Speed" is purely descriptive for the registered goods and services and thus lacks any distinctive character necessary for registrability.
Read more23 May 2011
Return costs after withdrawal – requirements for contractual agreement
Under § 357 Abs. 2 S. 3 BGB, a consumer may in certain circumstances be required to bear the costs of returning goods in the event of withdrawal of their contractual declaration aimed at the conclusion of a distance sales contract. However, according to a recent decision of the Higher Regional Court (OLG Brandenburg) (judgment of 22.02.2011 – 6 U 80/10), this applies only to […]
Read more23 May 2011
Advertising claim "Made in Germany" with manufacturing in China?
The Higher Regional Court (OLG) Düsseldorf had to decide the legal question of whether a manufacturer of industrial products, who has the goods distributed manufactured in part in China, is permitted to advertise its products with the country-of-origin indication "Made in Germany".
Read more22 May 2011
Liability for anti-competitive e-mail advertising in outsourcing
In the view of the Higher Regional Court of Cologne (OLG Köln) (judgment of 08.10.2010 – 6 U 69/10), a company may be liable under certain circumstances for anti-competitive advertising measures independently initiated by an affiliated company if these are undertaken in its commercial interest.
Read more22 May 2011
Limited product supply requires clear notification to avoid misleading the consumer
A prominent German discount retailer (Lidl) advertised two different products (Irish butter / computer monitor) in a newspaper advertisement. In both cases, the following notice was given at the end of the page: "This item may sell out on the first day of the offer due to limited stock availability". In one case, this restriction was referenced via an asterisk (*) next to the price in relation […]
Read more19 May 2011
Price indications "incl. VAT" not always accurate and potentially misleading
The Price Indication Ordinance (PAngV) sets various requirements for price indications by commercial traders. In particular, the final price including all price components must be stated, which also includes sales tax (§ 1 Abs. 1 PAngV). According to the law, it must always be stated without exception that sales tax is included, though this is not correct in some cases.
Read more19 May 2011
Additional remuneration for use of photographs in e-paper in addition to print edition?
According to a judgment of the Higher Regional Court (OLG) Düsseldorf of 13.07.2010 (I-20 U 235/08), no separate remuneration is to be paid for the use of photographs in an e-paper if the photographer or copyright owner of the photograph has already granted the rights of use for the print edition and the circulation of the e-paper is comparatively low in relation to the print edition.
Read more18 May 2011
Post from Hollywood: OSCAR vs. OSCAR's – Cease and Desist Notice for Trade Mark Infringement
You rarely receive post from Hollywood. However, the chances are quite good if you operate a catering business called "OSCAR's" or something similar in the Federal Republic of Germany. The Academy of Motion Picture Arts and Sciences then presumptively suspects an attack on its trade mark rights in the term "OSCAR" and issues a corresponding cease and desist notice with considerable claim value […]
Read more17 May 2011
China and the CE Mark – Acronym of the Week
In the course of procuring goods in China, the question occasionally arises as to why and on what legal basis the goods to be ordered are marked with a CE marking. The apparently serious answer from some manufacturers was that "CE" stands for "China Export". A counterfeit CE mark that is deceptively similar to the genuine one, used by Chinese goods manufacturers and exporters, has been known for some time. Even if […]
Read more16 May 2011
Damages for Infringement of Image Rights – Fundamentals and Calculation
The use of third-party image material is regularly unlawful and obligates the infringer – in addition to cessation – to pay damages. The calculation thereof is a science in itself and is fraught with certain uncertainties. Below we provide a brief overview of the calculation methods and give examples of typical cases of unauthorised photographic image use.
Read more16 May 2011
Consumer enlightenment through mouseover effect?
The Higher Regional Court (OLG) Frankfurt a.M. had to decide whether the operator of an online shop could clarify a misleading advertising statement on its homepage by offering an explanation of the advertisement which the consumer recognizes when directing his cursor to a specific field on the website.
Read more13 May 2011
Enforcement of image rights on the Internet
Even in the digital age, not everyone is aware that intellectual property also enjoys legal protection. Above all, when it comes to photographs, it is obvious to many to resort to existing and easily accessible image material on the Internet in order to spruce up their private website or upgrade their own product catalogue in the online shop or at [...]
Read more11 May 2011
Liability for eBay account in case of unauthorised use?
The Federal Court of Justice (BGH) in Karlsruhe had to decide the question of under what conditions the holder of an eBay member account is contractually liable for statements made by a third party under unauthorised use of this member account.
Read more05 May 2011
Is the visualization of Stuttgart 21 subject to copyright protection?
In the context of our application for an interlocutory injunction, the Regional Court (LG) Hamburg had to decide the legal question of whether a rendered image of the new Stuttgart main railway station is subject to copyright protection. A German public broadcasting corporation was of the opinion that the visualization created by our client did not enjoy copyright protection as a computer image.
Read more02 May 2011
Buy-out agreement for journalistic works valid?
The Higher Regional Court (OLG) Munich had to decide whether the general terms and conditions used by the Süddeutsche Zeitung publisher, which contain a buy-out agreement in the acquisition of rights with journalists, violate applicable copyright law.
Read more19 April 2011
Consent for sending advertising via T&Cs?
The Higher Regional Court Hamm (OLG Hamm) had to decide whether a company could arrange for consent to the sending of advertising via fax or email in its general terms and conditions, or whether such a T&C clause would be ineffective and thus contrary to competition law.
Read more18 April 2011
Risk of confusion between the marks 'Post' and 'Morgenpost'?
Deutsche Post AG and Morgenpost Briefservice GmbH have been in dispute over the existence of a risk of confusion between their registered marks 'Post' and 'Morgenpost Briefservice GmbH'. The Federal Patent Court (Bundespatentgericht) in Munich has now ruled on this legal question.
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