INTELLECTUAL PROPERTY · HORAK RECHTSANWÄLTE
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…
The requirements for design protection resulting from § 2,3 GDA and growing the definitions from the Design Act § 2 Design protection (1) As a design, a pattern is protected, this is new and has individual character. (2) A design shall be considered new, if before the filing no identical design has been disclosed. Patterns are considered identical, if their…
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…
JUDGMENT BGH I ZR 187/09 from 17. January 2013 – Flonicamid an approved pesticide loses with the removal of his (Pri-mär-)Packing his marketability. The I. Civil Division of the Federal Court of the oral negotiation 2. October 2012 by the presiding judge Prof. Dr. Bornkamm and judges Pokrant, Prof.. Dr. Büscher, Prof.. Dr. Schaffert and Dr.…
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…
The legal basis for the protection of geographical indications and designations of origin in the European Union since 3. January 2013 Regulation (EU) No.. 1151/2012 the European Parliament and of the Council of 21. November 2012 about quality schemes for agricultural products and foodstuffs. The previously existing Regulation (EG) No.. 510/2006 Rates of vom 20. March 2006 to protect…
Documents for national design application Doc. No.. Title Word PDF on R 5703/6.12 Application for registration of a design 01.06.12 R 5703/6.12 Instructions for completing the application 01.06.12 R 5703.1/10.10 Representation of the design 01.10.10 R 5703.2/11.10 Plant leaf on the request of an industrial design “Multiple application” 10.11.10 R 5706/5.12 Fees and expenses for design (with examples) 22.05.12 R 5707/10.10 Designer naming 10/01/10…
§ 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…
Opinion on the Seventh Law amending the Copyright Act Bundestag Doc. 17/11470 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 permissionIf the violation of a contractually agreed non-competition clause is named in a commercial agency agreement as an important reason for termination without notice, that's how it says…
Date File DB DE 111 Registration number RN 302012051204 210 File reference number attributed HID 3020120512046 540 Representation of the mark WM We put a flea in his ear! 550 Markenform MF Wortmarke 220 Anmeldetag AT 24.09.2012 151 Date of entry in the ET register 20.12.2012 730 Owner INH S. Mill & S. Tagliaferro GbR (Represented by the partners: Stefan mill, 63263…
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…
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…
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…
Two tips of the DPMA, you can apply at International Trademark in DPMAregister: 1. You search for a phrase- or Wortbildmarke, which consists only of one word. The expert search now is to search for only a single term (e.g.. Hugo) possible. Set the comparison operator “=” (Equal sign) twice in this case. Give…
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…
No.. Selection database design file reference number label / product(is) First presentation of registration Publication Designers owner 1 DE 402011004178-0001 402011004178.2 Deckenleuchter, Hanging Lamps, Chandelier, Shine 20.11.2012 21.12.2012 Denise Melanie Hachinger, 85253 Erdweg, DE 2 DE 402011004178-0002 402011004178.2 Deckenleuchter, Hanging Lamps, Chandelier, Shine 20.11.2012 21.12.2012 Denise Melanie Hachinger, 85253 Erdweg, DE 3 DE 402011004178-0003 402011004178.2 Deckenleuchter, Hanging Lamps, Chandelier, Shine 20.11.2012 21.12.2012…
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,…
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…