News
975 articles
03 February 2011
Trade Mark Infringement via Google AdWords Advertisement?
The matter of the use of trade mark-protected keywords in Google AdWords was once again the subject of a higher court decision. The Court of Justice of the European Union (EuGH) ruled in its Louis Vuitton judgment (Az. C‑236/08 bis C‑238/08) that the use of third-party trade marks as keywords is permissible if it is apparent that the Google advertisement obviously does not originate from the trade mark proprietor. The EuGH […]
Read more02 February 2011
Does a declaration of non-infringement given to third parties eliminate the risk of recurrence?
The Higher Regional Court (OLG) Stuttgart had to decide whether a declaration of non-infringement with a penalty clause given to a competitor would eliminate the risk of recurrence in relation to another competitor issuing a warning, with the result that this other competitor would not have to issue a further declaration of non-infringement and would not have to bear warning costs.
Read more02 February 2011
Is an operator of an internet café liable for an injunction?
Internet café operators frequently face the problem of suddenly receiving a cease-and-desist letter accusing them of copyright infringement and demanding they sign a binding declaration of discontinuance. However, if the copyright infringement was actually committed by a customer of the internet café, the question arises whether the operator of the [...]
Read more01 February 2011
EUR 400,000 Dispute Value for File Sharing of 3,749 Music Titles?
The Regional Court (LG) Cologne had to decide whether and to what extent a German sound recording producer was entitled to claim reimbursement of cease-and-desist letter costs and damages for copyright infringements in a peer-to-peer network against the warned connection provider, even though the latter had not themselves downloaded the musical pieces or offered them for download.
Read more31 January 2011
Is breach of contract with eBay also contrary to competition law?
If an eBay merchant offers more than three identical items at the same time, this constitutes a breach of the contractual principles of the eBay auction house. The Higher Regional Court (OLG) Hamm had to decide in the present case whether such a contractual breach by the merchant also constitutes a violation of competition law, which could lead to an appropriate cease-and-desist letter […]
Read more14 January 2011
Costs for internet subscription services must be clearly recognisable
You just wanted to download a free programme on the internet and accidentally concluded a paid annual subscription in the process? Welcome to the club! You are certainly not alone with this problem, as consumers are victimised day in and day out by providers who do not provide sufficient notice of the charges associated with their offers.
Read more11 January 2011
Violation of fixed book prices through coupon
Does a discount coupon for a product which itself is not subject to price fixing but is sold in connection with a price-bound publishing product violate statutory fixed book pricing and thus German competition law? The Higher Regional Court of Stuttgart (OLG Stuttgart) had to address this legal question.
Read more12 December 2010
Trade mark infringement by combination of no-name and branded product
The arbitrary use of a (well-known) trade mark within the scope of an eBay offer or otherwise constitutes trade mark infringement even when goods of the trade mark proprietor are sold as part of a combination offer. In the view of the Regional Court (LG) Stuttgart, this constitutes an infringing exploitation of the reputation of the trade mark, which must be ceased.
Read more07 December 2010
Advertising "Nail cosmetics at top prices" unfair?
The Regional Court (LG) Bochum was asked to decide the legal question of whether the online advertisement "nail cosmetics products at top prices" constitutes an anti-competitive exclusive claim, or whether online retailers are permitted to advertise with "top prices".
Read more29 November 2010
Missing information in the imprint - minor violation?
The Regional Court (LG) Berlin was presented with a claim following a cease-and-desist letter issued under competition law, which concerned the question of the extent to which missing information in the imprint of an online platform constitutes minor violations (Bagatell-Verstöße) which may not be subject to a costly cease-and-desist letter.
Read more25 November 2010
Breach of competition law through notification card?
The Higher Regional Court (OLG) Hamm had to decide whether it constitutes unfair competition law misleading conduct when a real estate company, in connection with sending advertising material, requests a callback on a notification card concerning the shipment, but then by telephone also at least inquires about an interest in real estate business.
Read more22 November 2010
Boxer Halmich wins battle over right to own image
The Higher Regional Court (OLG) Karlsruhe had to decide whether the former professional boxer Regina Halmich was entitled to claims for damages due to fraudulent misrepresentation and violation of her right of personality for the commercial exploitation of the cinema film "Königin im Ring", or whether the boxer had consented to the cinema release of the film.
Read more19 November 2010
VIAGRA wins against VIAGUARA
Pfizer, as proprietor of the Community word mark "VIAGRA", brought proceedings against a spirits company which had launched alcoholic mixed drinks under the designation VIAGUARA on the market. The Higher Regional Court of Munich (OLG München) had to clarify, in deciding this legal dispute, whether the marks in question were liable to confusion and whether the spirits company was unlawfully exploiting the reputation of the potency agent for its own benefit.
Read more15 November 2010
Termination of DSL connection on important grounds?
It is not uncommon for holders of a DSL connection to relocate during the term of their contract with the telecommunications company and subsequently discover that DSL-capable lines have not yet been laid at their new place of residence and DSL is therefore not available there. The Federal Court of Justice (BGH) then had to decide whether in such a case the existing contract with […]
Read more11 November 2010
Trade mark protection for bound latex woman of Die Ärzte?
The Federal Patent Court (Bundespatentgericht) was asked whether a figurative mark, which depicts a comic drawing of a woman dressed in latex and furthermore bound and gagged, could be eligible for trade mark protection, or whether this is excluded due to breach of public policy and accepted principles of morality.
Read more04 November 2010
Sale of electrical appliances without VAT?
The Federal Court of Justice (BGH) had to decide whether an advertisement with the content 'Household large appliances without 19% VAT for today only' constitutes an improper influence on the consumer and is thus an unfair business practice.
Read more04 November 2010
Return of defective goods upon withdrawal from a distance selling contract?
The Federal Court of Justice (BGH) had to decide whether the purchaser of a water bed, which became worthless to the internet retailer for the most part after being filled with water, has a claim to reimbursement of the full purchase price upon withdrawal from the distance selling contract, or whether the retailer can reduce the value compensation to that extent.
Read more03 November 2010
Early-bird discount for late bookers anti-competitive?
The Higher Regional Court (OLG) Hamm had to decide the competition law question of whether the advertising of a travel operator is misleading if it continues to grant an early-bird discount to its customers after expiry of the time limit communicated in its advertising.
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