INTELLECTUAL PROPERTY · HORAK RECHTSANWÄLTE
Eine Vielzahl von Abmahnungen gegenüber Wettbewerbern und die gerichtliche Verfolgung solcher Ansprüche kann rechtsmissbräuchlich sein, wenn den Abmahnungen einfach gelagerte und im Internet leicht zu ermittelnde Wettbewerbsverstöße, etwa Verstöße gegen die PreisAngV, zugrunde liegen, ein nachvollziehbares eigenes wirtschaftliches Interesse an dieser umfangreichen Abmahntätigkeit und Rechtsverfolgung aber unter Berücksichtigung der finanziellen Situation des Anspruchstellers und eines…
Daimler subject in litigation against SWR is repeatedly tries, to prohibit by means of intellectual property rights in the results separately protected opinions – but not consistently successful: 11. Civil Chamber dismisses suit against Daimler AG SWR. By judgment of 09.10.2014 (The. 11 The 15/14) has the 11. Civil Chamber of the Landgericht Stuttgart, the action…
The mention of the protected name of music festivals during the Sweepstakes advertising does not constitute a trade mark infringement nor is it anti-competitive LG Frankfurt 10. Chamber for Commercial Matters, from 05.07.2013 to 3/10 The 42/13 Standardize: § 5 Abs 1 S 2 No. 4 UWG, § 14 Trademark, § 23 No. 2 MarkenG Other issues on intellectual property:Base price…
The specification of a premium rate service numbers in the imprint of a message the media service provider is anti-competitive. LG Frankfurt 3. Civil Appeal from the 02.10.2013 to 2-03 The 445/12, 2/03 The 445/12, 2-3 The 445/12, 2/3 The 445/12 Art 5 Abs 1 Buchst c EGRL 31/2001, § 66d TKG, § 5 Abs 1 No. 2 TMG, § 4 No. 11 UWG Other topics…
Alcohol-free beer is not with the indication “vitalizing” are advertised, if the term no specific health claims within the meaning of Article. 13 Abs. 3 HCVO in conjunction with the notes to the VO (EU) 432/2012 be accompanied and in the beer substances are contained, which are described in Regulation. Other issues on intellectual property:Kein Wettbewerbsverstoß…
JUDGMENT BGH VIII ZR 327/09 from 10. November 2010 Commercial Code § 89a If named in a commercial agency contract the violation of a contractually agreed-competition clause as an important reason for termination without notice, so this does not preclude contractual interpretation, after the competition violations, so insignificant taking all the circumstances, that they create a relationship of trust…
The defendant acted at least negligently, as she performed the applicant's name under the heading "Employee", without having obtained the consent thereto. The damage can, as in the case of infringement of a copyright- be calculated or industrial property right like a license fee (vgl. BGH 60, 206). LG Düsseldorf 2a O 235/12 from April 10, 2013…
Da Google Places – Entries can be initiated by any, So in particular, not only from the advertised companies, the latter shall be liable only for their own entries. The right holder must prove in an alleged trademark infringement by such entry, that this comes from the company. Other issues on intellectual property:Shortening the period for objection against registration of geographical indications and designations of origin…
Federal Court of Justice European Court of Justice shall issue the protection of safeguards for video games before, among other things, the. I responsible for copyright. Civil Division of the Federal Court to the Court of Justice the question of the European Union, rules according to which the protection of technological measures designed to protect copyrighted video games aimed. The applicant produces and sells video games and video game consoles, including the…
§ 8 UWG elimination and omission (1) If you are looking for § 3 or § 7 makes illegal commercial act, can be at disposal and in danger of repetition made to cease and desist. The claim for injunctive relief already exists then, if such infringement § 3 or § 7 threatens. (2) Will the violations rolled into one…
KG Berlin 5. Civil Division 5 You 19/12 from 12.10.2012 – Ginger Beer motto 1. The term “Ginger Beer” for a drink, contains no beer, can be misleading, and because the extent of the domestic average consumer as a reference beer(ingredients) is understood. 2. To competitors, which has a claim for injunctive relief under unfair competition law against the user of such a designation…
A abgemahnter by the Competition Centre car company had to pay the penalty not to contest headquarters, but at the SOS Children's Village e.V. offered. The Munich district court, this construct is not as conducive to the seriousness rejected Model. This agreement is in any event at the Hamburg rite (Amount of the penalty shall be subject to judicial review) so. Further topics on the spiritual…
Federal Court on the liability of parents for illegal file sharing of their minor children, responsible among other things for the copyright I. Civil Division of the Federal Court decided today, that parents are not liable for the illegal file sharing of a 13-year-old child, if they had informed the child about the prohibition of illegal participation in internet exchanges and there was no evidence of this…
The use of the term Olympic is both to identify and to apply a violation of the OlympSchG (LG Dusseldorf). The defendant has a Jacuzzi with the term “2010 Olympics” advertised. Other issues on intellectual property:Job offer lawyer (m/w/d) in HanoverJobs in the administration of justice - apply nowNo violation of competition law by hiring out employees without the necessary permissionNon-alcoholic beer is allowed…