• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • 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
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • 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
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Fortnite Fan article: Attention warning danger!

30. November 2018
in Law and computer games, Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
dsgvo 3449146 1920

Currently, I can only warn against offering unauthorized fan items from Fortnite, the manufacturer Epic Games, such as the replica of the Loot lama, mugs or stickers on trading platforms such as Ebay or Amazon. I currently have several warnings from Epic Games.

The law firm Beiten Burkhardt makes a violation of Section 8 (1 U)WG on the basis of the violation of Sections 3, 4 (4) of the 3 (a) and b) UWG asserted. The takeover of the illustrations from “Fortnite” and the offering of the corresponding products under the name “Fortnite” are clear references to the the “Fortnite” world and are worthy of unfair exploitation of the good reputation of “Fortnite” and to promotion of its own sales.

This would increase the prestige and This would exploit the prestige and image value of the “Fortnite” world for its own commercial purposes, creating a risk of confusion, which already exists, if the public is given the erroneous impression that there is a legal, commercial, organizational legal, commercial, organizational or s or otherother relationships relationships that would authorize the vendor to sell merchandise products for the “Fortnite” world.

Such business behaviorthe BGH already in 1959 in the “Bambi” decision forbidden and aptly as “unfair parasitizing on and a violation of the general clause of the Unfair Competition Act (UWG). clause.

In addition, Epic Games isasserting trademark rights to the well-known trademark “Fortnite” and soon also to the trademark “Fortnite” (UM 017947714), which gives rise to a claim for injunctive relief under Sec. 14 Abs. 5 MarkenG should follow.

Whether this really is the case is a matter of whether. Also whether the warnings are really justified. However, Epic Games warns against very high litigation values, which quickly incur legal fees in the four-digit range, and also demands claims for damages and information.

Commercial activities should therefore be discussed with a specialist lawyer beforehand and any suppliers, especially currently from the Far East, should be closely scrutinised. But private providers should also be careful. Epic Games asserts copyright claims in addition to claims under competition law. Claims arising from copyright are not subject to the condition of industrial activity or the competitive status. In this case, the fact that the items were purchased in advance, for example on Amazon, may not protect the fact that the items were purchased in advance. In that case, it is necessary to examine whether those dealers were allowed to import the goods into Europe with the consent of Epic Games. If this is not the case because, for example, a sticker, sticker or key fob was produced and shipped from China, a resale in Germany may also constitute a copyright infringement for private dealers and the so-called principle of exhaustion does not provide any justification.

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.

Tags: AmazonBghCompetition lawCopyright infringementDamagesEBayFortniteInjunctive reliefTrademarksUrheberrechtWarning

Weitere spannende Blogposts

Planned legal changes in 2023 in the area of digitization

Planned legal changes in 2023 in the area of digitization
5. January 2023

In its coalition agreement, the German government has firmly committed itself to fundamental strengthening in the area of digitization. Almost...

Read moreDetails

Purchased reviews on Amazon

Purchased reviews on Amazon
6. March 2019

With a decision published today, the Higher Regional Court of Frankfurt am Main prohibited the publication of "purchased" customer reviews...

Read moreDetails

Guide: Advertising labelling in social media offers

Guide: Advertising labelling in social media offers
24. April 2019

Now I have already written many times about the topic of influencers, separation bids or advertising labels in the blog...

Read moreDetails

Revocation of consent for video publication only possible to a limited extent

Legal advice with AI support: Lawyer blog now with ChatGPT-4
24. September 2024

In a recent ruling, the Koblenz Higher Regional Court (OLG) decided that consent given for the publication of videos can...

Read moreDetails

Geoblocking Regulation and Purchase on Account

Online shops: Attention to advertising with EIA
26. March 2019

Whether online services, apps, SaaS providers, hosting providers, online stores or other companies that offer services or products over the...

Read moreDetails

Cookies for advertising purposes only with the active consent of the user

ECJ: Cookies require explicit consent of users
5. June 2020

The BGH has ruled on the question of the requirements for consent to telephone advertising and the storage of cookies...

Read moreDetails

How writing blog articles helps with my continuing education

How writing blog articles helps with my continuing education
14. February 2023

By now I have written almost 1000 blog articles here on the blog about IT law, copyright law, competition law,...

Read moreDetails

AI and contract design

ai generated g63ed67bf8 1280
24. September 2024

Introduction Drafting contracts in the field of artificial intelligence (AI) is one of the most exciting and challenging tasks of...

Read moreDetails

Prepayment in the online store: Attention to your own terms and conditions

GTCs are not invalid solely because of their length!
14. June 2024

As a lawyer specializing in IT law and contract law, I regularly draft general terms and conditions for various SaaS...

Read moreDetails
Modding in EULAs and contracts – what applies legally in Germany?
Law and computer games

Modding in EULAs and contracts – what applies legally in Germany?

8. September 2025

Mods add new content to video games, improve graphics or add completely new ways of playing. Hardly any major PC...

Read moreDetails
Arbitration agreements in EULAs and developer contracts

Arbitration agreements in EULAs and developer contracts

7. September 2025
Chain of title in game development: building a clean chain of rights

Chain of title in game development: building a clean chain of rights

6. September 2025
Fail-fast clauses in media productions – what are they actually?

Fail-fast clauses in media productions – what are they actually?

5. September 2025
Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

12. August 2025

Podcastfolge

Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025

In the final episode of the first season of the ITmedialaw.com podcast, we take a look at the future of...

Read moreDetails
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024
da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024
Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • 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
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung