• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
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
Kurzberatung
  • 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

Fritzbox with alternative software = trademark infringement

7. November 2022
in Other
Reading Time: 2 mins read
0 0
A A
0
fotolia 55335452 subscription monthly m
Key Facts
  • The Munich Regional Court ruled that a trademark infringement exists if Fritzboxes are sold with modified firmware.
  • The court recognized a likelihood of confusion with AVM 's products and rejected the exhaustion of claims.
  • Trademark law control can be revived if the interests of the trademark owner prevail, despite the first placing on the market.
  • The principle of exhaustion does not apply if the trademark owner objects to further distribution for legitimate reasons.
  • Changes that impair the origin or guarantee function of the trademark entitle the trademark owner to object.
  • The court found that the guarantee function of the trademark is no longer given if the scope of services is significantly increased.
  • Consumers expect that the function and intended use of the devices will not be changed without the consent of the brand owner.

The Munich Regional Court has ruled that a trademark infringement would be committed if someone were to offer for sale again Fritzboxes that he had bought from providers on a permanent basis with modified firmware.

The court recognized a likelihood of confusion with AVM’s original products and also did not want to apply exhaustion of claims.

Even if the trademark owner has in principle exhausted the legal power conferred on him by the trademark when the product is first placed on the market in the European Economic Area, there are cases in which the power of control under trademark law is revived with regard to overriding interests of the trademark owner. Art. 15 par. 2 UMV therefore stipulates, in the manner of a general clause, that the principle of exhaustion does not apply if the trademark owner opposes further distribution of the goods for justified reasons. Insofar as the provision mentions changes or deterioration of the goods, which are legitimate interests for the trademark owner to oppose, these are only examples of legitimate reasons. Rather, the trademark owner may ultimately oppose all actions that infringe the origin or guarantee function of the trademark or unfairly exploit or detract from the distinctive character or repute of the trademark.

The court is of the opinion that the so-called guarantee function of the trademark is no longer given in the specific case:

A feature of the equipment marked with the applicant’s trademark was acted upon. It changed their intended use, which the trademark owner had foreseen when placing these devices on the market, namely that they should only have a limited scope of performance compared to the series models. The features to which the guarantee function of the applicant’s mark relates also include the lower scope of services envisaged. However, if this scope of services is substantially increased contrary to what was intended on the part of the trademark owner, this is sufficient, in the opinion of the Board, for exhaustion under Art. 15 Par. 2 MarkenG to be excluded. This is because the target public expects that the function and intended use of the devices have not been altered in such a way by a third party without the consent of the trade mark proprietor after they have been placed on the market.

The full ruling can be found here.

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: ModelSoftwareTrademarks

Weitere spannende Blogposts

New concept of material defects and computer games – what do you have to consider from 2022?

judge plays videogames in his spare time
7. November 2022

In a somewhat longer blog article, I just reported information about the new material defect concept for digital content, which...

Read moreDetails

“This is how online gaming can get really expensive”

“This is how online gaming can get really expensive”
7. September 2019

I have already written something here on the question of whether loot boxes should be considered gambling. A few provocative...

Read moreDetails

Advertising for cosmetic surgery on the Internet?

Advertising for cosmetic surgery on the Internet?
7. November 2022

In a lawsuit against two doctors, the Wettbewerbszentrale wants to clarify whether and to what extent advertising for cosmetic surgery...

Read moreDetails

Free software also enjoys copyright

copyright
2. August 2019

Time and again you can see that it is believed that free software, especially shareware or freeware, can be packed...

Read moreDetails

Why work with a lawyer as a streamer?

youtube 3503481 960 720
30. January 2020

From last year's experience, I would like to accumulate in this article ten tips that YouTubers and streamers on the...

Read moreDetails

Is the Free2Play distribution model anti-competitive?

Is the Free2Play distribution model anti-competitive?
23. October 2018

In a case I am representing, the question currently arises, in addition to numerous other problems, as to whether the...

Read moreDetails

Liability risks when deploying APIs: What you need to know

Liability risks when deploying APIs: What you need to know
11. September 2023

Introduction In my daily work, I experience how APIs, also known as Application Programming Interfaces, are much more than just...

Read moreDetails

Professionalize your own work as a freelancer?

Professionalize your own work as a freelancer?
7. November 2022

There are more and more freelancers in Germany, and as the general Corona hysteria continues to promote remote working, more...

Read moreDetails

Fack ju Göthe may be registered as a trademark

International trademark application at WIPO
7. November 2022

One believes to have had many problems in trademark law at least once on the table or to have evaluated...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

Read moreDetails
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

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