• Latest
  • Trending
Incompletely served preliminary injunction must be revoked

Incompletely served preliminary injunction must be revoked

7. November 2022
BGH considers Uber Black to be anti-competitive

Distance learning, coaching and synchronous online formats

2. March 2026
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026
Insolvency administrator and access to tax office data?

NRW audits influencers – and suddenly normal rules apply?

12. February 2026

Legal pitfalls in revenue-based financing for start-ups

12. February 2026
Streaming setup, influencers and contract law

Streaming setup, influencers and contract law

9. February 2026
Platform cooperatives as a financing and business model

Platform cooperatives as a financing and business model

8. February 2026
Frankfurt district court a.M. softens influencer jurisdiction

VAT on donations, gifts and “support” from influencers?

5. February 2026
Chamber Court on obligations to injuntture in the case of acts of third parties

Jurisdiction in the contract: one word too many, one word too few

4. February 2026
New info on the status of the State Media Treaty

Customer hotline and support in SaaS

2. February 2026
BGH considers Uber Black to be anti-competitive

BGH: FRAND objection fails due to lack of willingness to license

28. January 2026

InformationCheck.de is live: side project for source-based classification of social media claims

22. January 2026
DPMA

Paid mods, fan guidelines and EULA: when monetization is possible

21. January 2026
Is an 8 year old allowed to be an Esport player?

LOI, term sheet, MoU, often binding for startups?

20. January 2026
What actually is an IP? In the games, music and film industry!

Freelancer paid, but still not getting rights?

19. January 2026
Affiliate links for streamers and influencers

Comparison sites as an SEO trick

16. January 2026
Reverse vesting

Vesting, good leavers, bad leavers – why a lack of regulations costs startups dearly

15. January 2026

AI guideline for agencies and external service providers

14. January 2026
  • 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

Incompletely served preliminary injunction must be revoked

7. November 2022
in Competition law
Reading Time: 1 min read
0 0
A A
0

As a lawyer in the field of IT, competition law, copyright law, cease-and-desist letters and preliminary injunctions are actually commonplace, and yet you still come across case constellations that are exciting and new.

This is also the case with this decision of the Kammergericht (the Higher Regional Court in Berlin). The material background is of no interest at all. The civil procedural sequence is exciting.

The Berlin Regional Court had issued a temporary injunction in the matter. Now the question arose whether this was properly executed within one month according to § 929 II. This must regularly be done in party proceedings, i.e. by the requesting attorney vis-à-vis the defendant. Unfortunately, the certified copy that the defendant’s bailiff ultimately served was incomplete because the second page of the order was inadvertently interchanged with another page. The district court vacated the order because of the now missing service, upon objection by the defendant. The Kammergericht felt this decision was so correct that it even dismissed the appeal without an oral hearing.

An exciting stumbling block for attorneys and another item on a long checklist to consider if you do find yourself confronted with an injunction in intellectual property law.

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: Berlin Regional CourtCompetition lawCourt of AppealUrheberrechtWarning

Weitere spannende Blogposts

Axel Springer v. Eyeo: This time copyright

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

After Axel Springer failed with its own lawsuit, based on competition law claims, at the Federal Court of Justice(some information...

Read moreDetails

Individual contractors are not managing directors

New info on the status of the State Media Treaty
22. February 2019

The subject is actually ancient and yet I see it again and again. Just in a current mandate, an incorrectly...

Read moreDetails

Photo warnings of clothes circles

Online retailer: Notice of warranty of defects
22. October 2019

Since I have now seen some warnings in the last few weeks concerning the platform clothes circle, on which you...

Read moreDetails

Are Esport Players Contracts ToS?

Are Esport Players Contracts ToS?
27. February 2019

Few people know The vast majority of people, let's say the "non-legally educated" people will probably associate the abbreviation GTC...

Read moreDetails

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

Advertising with “climate neutral” can lead to a warning notice
15. November 2022

Advertising with the "climate neutral" logo can have a significant impact on consumers' purchasing decisions. Basic circumstances of the climate...

Read moreDetails

Discount promotions may not be extended

Discount promotions may not be extended
7. November 2022

Since I have currently just seen the opposite, I would like to briefly point out the following circumstance in the...

Read moreDetails

“Digital Services and Markets Act” enters into force

ECJ to decide whether consumer protection agencies may issue data protection warnings
16. November 2022

Today, the Digital Services Act came into force and will apply in all EU countries from February 17, 2024. The...

Read moreDetails

How to develop your own board games without violating copyrights.

How to develop your own board games without violating copyrights.
29. December 2022

What laws should you follow to avoid violating copyrights? In Germany, copyright law is a complex issue. Therefore, to avoid...

Read moreDetails

Kammergericht: Black Friday trademark expired

Kammergericht: Black Friday trademark expired
10. November 2022

The owner of the trademark "Black Friday" has failed in her attempt to prevent the cancellation of the disputed word...

Read moreDetails
BGH considers Uber Black to be anti-competitive
Law and Esport

Distance learning, coaching and synchronous online formats

2. March 2026

The Distance Learning Protection Act (FernUSG) has been experiencing a renaissance for some time now. What for decades was considered...

Read moreDetails
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026

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

Global challenges for start-ups – A legal guide

10. October 2024

Innovative business models – risk and opportunity at the same time

10. September 2024

First test episode of the ITMediaLaw Podcast

26. August 2024

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