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Rechtsanwalt Marian Härtel - ITMediaLaw

Designation as “Gollum” is an insult

28. November 2022
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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.

Key Facts
  • The Munich Regional Court ruled that the term "Gollum" can be offensive.
  • The decision is based on a complaint by a scientist concerned.
  • The name in a flyer comes from a citizens' movement.
  • Gollum from "The Lord of the Rings" is a character with negative connotations.
  • The use of the name here was derogatory.
  • There was no satirical context.
  • The news shows what German courts are dealing with.

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 also no satirical context in the facts of the case.

Once again a news item in the matter of “What German courts do not have to deal with all”.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
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