MarianHärtel

Hinter jedem erfolgreichen Projekt, stehen nicht nur starke Gründer und motivierte Mitarbeiter, sondern auch ein starker Partner für Rechtsfragen. Das gilt umso mehr, je moderner und innovativer die Geschäftsmodelle sind. Am Puls der Zeit zu agieren, heißt auch rechtssicher zu handeln! Als Spezialist für die Themen Gaming, Esport, Blockchain und Medien, helfe ich als Rechtsanwalt und Unternehmensberater nicht nur bei der Navigation durch den Rechtsdschungel und beim Aufbau sicherer Strukturen und durchdachter Verträge, sondern berate als Serien-Entrepreneur auch zum Thema Unternehmensaufbau.

Cease-and-desist party must also check links in groups...

When someone is ordered to cease and desist on the Internet, many often forget that all content must be removed, not just the actual post or website. This includes backups, unlinked website or even the Google cache. A particularly interesting ruling was recently issued by the OLG Celle. This is because the latter ruled that a court injunction would also include searching Facebook groups for possible posted links to an original post on Facebook. Otherwise, there is a threat of administrative fine proceedings. Often in a link in Facebook groups, through the preview, namely the actual e accusation that led to the injunction is included. Both the Regional...

Designation as “Gollum” is an insult

As a self-confessed "Lord of the Rings" fan, I simply had to post a blog article on a recent decision by the Munich Regional Court. The court ruled that calling a person "Gollum" can be insulting and thus violate the right of personality of the person concerned. (25 O 12738/22). The scientist in question had been appropriately named by a citizens' movement in a flyer, the report said. The reason for this, he said, was that the Tokien novel character Gollum from "The Lord of the Rings" is not a being with a positive connotation. Therefore, the designation "Gollum" had been disparaging in the specific case. There was...

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Data protection consent with cookie alternatives?

Last year, the ECJ ruled that numerous types of cookies must be expressly authorized by the user before they can be stored on the...

Asset deal of IP rights: No liability for cease and desist...

Since I, as an almost 100% contract lawyer, also frequently draft asset deals, a recent ruling by the Regional Court of Cologne is very interesting. The court ruled that in the event of a company acquisition by asset deal,...

MiCAR – lots of reading for blockchain companies.

Presumably the final version of MiCAR can currently be found here. This is really a lot of reading material and currently numerous colleagues in the field are arguing about what is really in it, how things are meant, whether...

MiCAR – lots of reading for blockchain companies.

Presumably the final version of MiCAR can currently be found here. This is really a lot of reading material and currently numerous colleagues in...

“Usury” is a permissible rating on eBay

The VIII Civil Senate of the German Federal Court of Justice, which is responsible, among other things, for the law of sales. Civil Senate of the Federal Court of Justice has ruled on the question under which conditions the...

What are NFT? A small overview

What exactly NFTs (or digital assets) are is still a matter of considerable dispute among legal experts. And it sometimes seems as if not only is the particular legal issue in dispute, but it is also a problem in...

Weitere Bloginhalte

Different revocation instructions for different products are permissible

An Internet store fulfills its obligation to provide proper cancellation instructions even if the corresponding hyperlink leads to two different cancellation instructions for the...

Federal Constitutional Court rules in favor of both manufacturers

The Federal Constitutional Court reversed a very controversial decision of the Dresden Higher Regional Court in favor of my client and upheld a constitutional...

LG Berlin on separation of advertising and content in newsletters

It is always surprising to come across judgments which, based on actual clearly formulated laws and relevant case law, are provoked by the parties. This...

BGH: Paarship has claim to remuneration despite revocation

The III Civil Senate of the Federal Court of Justice, which is responsible among other things for service contract law, has ruled that Section...

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BGH decides on the permissibility of fees for Paypal/immediate bank transfer

The German Federal Supreme Court today ruled that companies may charge their customers a fee for payment via Sofortüberweisung or PayPal if the fee...

Can Facebook share data with gaming providers?

The First Civil Senate of the German Federal Court of Justice, which is responsible for competition law among other things, currently has to rule on the circumstances under which the declaration of consent given to Facebook for the transfer...

“Digital Services and Markets Act” enters into force

Today, the Digital Services Act came into force and will apply in all EU countries from February 17, 2024. The Digital Markets Act (DMA) was adopted by the European Parliament and the Council on September 14, 2022, and published...

Video recording and working time fraud – observe high hurdles

The Lower Saxony Regional Labor Court has ruled that video recordings cannot be used to prove working time fraud. A corresponding termination would be inadmissible in this case and was overturned by the court. Even if the possibility exists in...

Advertising with “climate neutral” can lead to a warning notice

Advertising with the "climate neutral" logo can have a significant impact on consumers' purchasing decisions. Basic circumstances of the climate neutrality claimed by the company must therefore be explained. The Higher Regional Court of Frankfurt am Main (OLG) therefore...
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Womit kann ich als Rechtsanwalt helfen? Was sind meine Fachgebiete? Was sind meine Stärken? Und wie kann ich jungen Unternehmen zur Seite stehne?

Trademark law also applies in the metaverse

The topic of metaverse is currently on everyone's lips. Many companies are developing metaverse scenarios or corresponding products, and the press is abuzz with the buzzword metaverse. I also look after clients in this regard and deal with the topic....

Esport vs. Blockchain – professionalization and future put to the test

I haven't gotten around to writing regular blog posts in a while. The reason for this is that I have been involved in numerous larger projects as general counsel or consultant. And unfortunately, it has to be said that...

Startup financing through tokenized profit participation rights and related financing options.

Introduction In Germany, startups still try to finance themselves in the classic way: Business Angel, capital from Friends & Family, a lot of work and deprivation or by bootstrapping their own company, hoping to raise a "real" investment later on....

When is an email “received” in a business environment?

The legal term "access" is relevant to numerous legal issues. When exactly this is the case, however, can be disputed in individual cases, because well-known interpretations such as "when a letter has entered the sphere of power" are only...

Gaming in China – Session on the Protection of Minors and the Limitation of Games in the Middle Kingdom

Children and young people in particular are drawn to screens, with never-ending online games that involve meeting friends virtually often posing the risk of excessive consumption. Asia is considered a pioneer in online gaming and Esports. But now the world's largest...

Relocation of the office and other updates

In the last two months it was a bit quieter on the blog and the website. The main reason is that I am involved in a very large mandate of a crypto publisher for computer games and that I...

NFT / Metaverse / Blockchain Law Lecture in Zurich

Behind the term metaverse is a digital world controlled, shaped and lived by real individuals. What sounds to many like the stuff of a science fiction movie is already pure reality, on a new level, socially and economically. Tomorrow there...

Federal Court of Justice on Influencer Advertising

The I. Civil Senate of the Federal Court of Justice today ruled in three proceedings on the question of whether female influencers have violated the obligation to label advertising with their Instagram posts. The plaintiff in all proceedings is an...
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Womit kann ich als Rechtsanwalt helfen? Was sind meine Fachgebiete? Was sind meine Stärken? Und wie kann ich jungen Unternehmen zur Seite stehen?

The OLG Frankfurt fathoms the “shitstorm

There are always judgments that make even a longtime lawyer smile. For example, the Higher Regional Court of Frankfurt am Main has to deal with the question of whether the statement "huge shitstorm reaped" constitutes a factual claim that...

OLG Cologne on the identification of affiliate links

On the question of whether and how affiliate links on websites must be identified, there have already been several decisions in the recent past, for example by the Munich Regional Court and the Dresden Higher Regional Court. The...

Can Cloudflare be used permissibly?

The issue of whether US SaaS providers can be used permissibly or whether products such as Jira, Zendesk, various CRM systems and others do not violate data protection law has actually been clear since the ECJ's Schrems II decision(see...

More consumer protection when buying apps and software

On November 3, 2020, the Federal Ministry of Justice and Consumer Protection presented drafts for the implementation of the Digital Content Directive and the contractual provisions of the Modernization Directive for improved consumer protection when purchasing software and apps...

Flying jurisdiction for Youtube not at the end?

The Düsseldorf Regional Court has ruled in a preliminary injunction proceeding that the UWG amendment of December 2020 did not completely abolish the so-called "flying" jurisdiction after all. The case in question involved an advertising video on YouTube regarding the...

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Cease-and-desist party must also check links in groups on Facebook for infringement

When someone is ordered to cease and desist on the Internet, many often forget that all content must be removed, not...

Designation as “Gollum” is an insult

As a self-confessed "Lord of the Rings" fan, I simply had to post a blog article on a recent decision by...

BaFin: Dark patterns in trading apps inadmissible

BaFin clarifies in a current information letter that securities services companies are not allowed to use dark patterns in trading...

BVerwG: Data protection authority can prohibit operation of a Facebook fan page

The operator of a fan page maintained on Facebook may be required to shut down its fan page if the digital...
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