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in OtherLG Düsseldorf: “Malle” as a trademark has legal status
By judgment of 29 November 2019, the 8th Chamber of Commercial Matters of the Regional Court of Düsseldorf ruled that the proprietor of the registered EU trade mark ‘Malle’ may prohibit party organisers from promoting and promoting parties with the designation ‘Malle’ without his consent. Organize. In more than 100 injunction proceedings, the proprietor of […] More
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OLG Brandenburg: Electronic data is not a thing!
The problem The OLG Brandenburger passed an interesting, if not too surprising, verdict for it, and in the process annulled the District Court of Potsdam. In the relevant dispute, there was a dispute over the ownership of data from various insolvency proceedings, in which the OLG Brandenburg takes the view that electronic data do not […] More
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“Gaffer” photos and upskirting soon a criminal offense
The Federal Cabinet today approved the draft law on the improvement of the protection of privacy in image recordings, presented by the Federal Minister of Justice and Consumer Protection Christine Lambrecht, by amending Section 201a of the Criminal Code Decided. Protection against exposing images of the deceased Pursuant to Section 201a Para. 1 No. 3 […] More
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Telephone provider must not threaten with improper blocking
What is it all about? If a mobile phone company threatens its customer to block its connection in the event of non-payment of a disputed fee claim, this is an unfair aggressive business act (Section 4a UWG) if the legal requirements for a connection blockage (Section 4a UWG) 45 k paragraph 2 TKG), the Oberlandgericht […] More
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ECJ: Rubik’s Cube cannot be protected as a 3D mark
What is it all about? At the request of Seven Towns, a British company which, inter alia, manages the intellectual property rights in the ‘Rubik’s cube’, the European Union Intellectual Property Office (EUIPO) in 1999 carried the following cube form as a three-dimensional EU mark for ‘ three-dimensional puzzles”: In 2006, Simba Toys, a German […] More
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BGH confirms conviction for incitement of the people by online videos
The Regional Court of Munich II sentenced the accused to a total prison sentence of three years and two months for incitement of the people in eleven cases and for using the license plates of unconstitutional organizations. Another was sentenced to a total of 10 months in prison for incitement to the people in four […] More
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Legal evaluation of “swatting” in esports/streamers
What is swatting? Swatting has become a nonsense in the USA, which mainly hits famous streamers. But how is the matter to be assessed legally in Germany? Swatting is an art word for a fake emergency to disrupt or even harm mostly famous streamers live while streaming via a police operation. In August of this […] More
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LG Munich: The gold of the gold hare can be protected under trademark law
An interesting decision on trademark law has been taken by the Regional Court of Munich. After Lindt fought and lost to the ECJ for the 3D trademark protection of the gold hare, the chocolate manufacturer succeeded at the district court in Munich. The latter decided that the gold hare should be entitled to colour mark […] More
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Fees on SEPA transfers for old contracts inadmissible
In a case against Vodafone operated by the VZBV, the Regional Court of Munich has ruled that the ban on fees for SEPA transfers from Section 270a of the German Civil Code (BGB), which entered into force on 13 January 2018, also applies to old contracts concluded before this deadline. As of 13 January 2018, […] More
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Sweepstakes and illegal image use
The “Bild am Sonntag” was not allowed to use a picture of the former “dream ship captain” as part of its “Holiday Lotto” campaign. Following a decision of the 15th Civil Senate of the Higher Regional Court of Cologne of 10.10.2019, it must also provide information on the printing requirement on the day of publication […] More
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BGH: is Adblock dominant as a provider?
Adblock provider Eyeo is involved in numerous litigation and has now also lost a case in the Federal Court of Justice in antitrust matters. The BGH ruled that competitive forces to be faced by an undertaking operating on a two-sided market which provided a service to a provided free of charge on the market and […] More
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BGH on damages due to US lawsuit in German jurisdiction
The Federal Court of Justice has ruled that a contractual partner may be entitled to compensation for the costs incurred by him because, contrary to the agreement of an exclusive jurisdiction in Germany, he is suing a US court in Germany. has been. The contract at issue in the present case contained the agreement that […] More
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Repackaging of medicines is trademark violation!
In the preliminary injunction procedure for the repackaging of a cancer drug by a drug importer, the 6th Civil Senate of the Higher Regional Court of Cologne, by judgment of 11.10.2019, upheld the plaintiff pharmaceutical company. The applicant is the proprietor of the trademark rights for the drug. It has placed the medicine on the […] More
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Federal Government, Criminal Law and the Attempt at Cybergrooming!
Cybergrooming is the targeted response of children on the Internet with the aim of initiating sexual contacts. Cybergrooming is a criminal offence in accordance with Section 176 paragraph 4, point 3, of the Criminal Code. The risk for children of becoming victims of cybergrooming has years. Digitalization is advancing and the use of digital services […] More
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