INTELLECTUAL PROPERTY · HORAK RECHTSANWÄLTE
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…
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…
Following, involving OHIM judgments of the Court or the European Court of Justice in Luxembourg are available from the Curia website available. Judgments Tuesday 11/12/2012 T-22/12 Fomanu v OHMI (Quality is the future) Community trade mark – Annulment of Decision R 1518/2011-1 of the First Board of Appeal of the Office for Harmonisation in the Internal market (Trade Marks…
In German Patent- and Trademark Office (DPMA) , a workshop on the topic “Protection and enforcement of design patents” instead of. The Association jointly by the European Communities Trade Mark (ECTA), der World Intellectual Property Organization (WIPO) and the DPMA, the event is part of a Europe-wide series of workshops. Other issues on intellectual property:Form for a design patent application/completion instructions/information sheet from the DPMAVor…
The registered words "Toffee to go" missing in relation to the goods in Class 30 any distinctive character (§ 8 Abs. 2 No.. 1 Trademark), so that the brand has the authority to sign legal reset reported (§ 37 Abs. 1 Trademark). FEDERAL PATENT COURT 25 In (pat) 531/12- Toffee to go DECISION In the matter of complaint … concerning…
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…
A) Copyright protection can also get the name of a regular comprehensive few paragraphs column, appearing at a particular Thematic territory in a newspaper or magazine. B) In protectable titles for parts of a newspaper or magazine, it is crucial for the question of likelihood of confusion on the form and content of media embedding the contested designation,…
A) The author, a gross negligence as defined in § 199 Abs. 1 No.. 2 BGB be blamed not only the absence of market observation. B) If the author due to verifiable facts clear evidence of a claim under § 32a Abs. 2 Sentence 1 Copyright Act, he can not quantify this claim but, because he…
Apple is at the beginning again in the patent / Competition confrontation with Google. Other issues on intellectual property:DPMA: US companies register twice as many AI patents in this country as German ones
Once again, the BGH same restrictive decision of the Higher Regional Court of Hamburg lifts in favor of press freedom to cope. BGH press release: Report in the “online archive” about investigations due to false affidavits against Gazprom managers permitted. The plaintiff is “Director of Finance and Controlling” at Gazprom Germania GmbH. Von Ende 1985 bis Ende 1989 He was based on a declaration of commitment written by his own hand…
According to the judgment of the OLG Munich also provides a publication in an online reference a competition-related action therefore, and may be prohibited from a competitor: OLG 29. Civil Division, Judgment of 10.05.2012, 29 You 515/12 § 2 No. 1 UWG, § 3 UWG, § 4 No. 3 UWG, § 8 Abs 1 UWG, § 8 Abs…