INTELLECTUAL PROPERTY · HORAK RECHTSANWÄLTE
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…
An advertisement, which is linguistically marked by a consistent use of direct address in the second person singular and mostly children Conceptually typical speeds including common anglicisms, aimed specifically at first Li-never to children. With the meaning "Buy yourself ...” oder „Hol Dir …” to-understand words "Grab the opportunity and miss your…
1. Court settlements, in which a claim for injunctive relief is dubbed, can in principle pursuant to § 890 Abs. 1 ZPO be provided with a pronounceable by separate court order ordering means threat (BGH, Decision of 2. 2. 2012, Wheat 2012, S. 957 ff.). 2. The Question, whether an agreed in a court settlement cease and desist with such an order means the threat…
A) An acquired by the Licensor during the contractual relationship is going on trademark law trademark rights to the licensee, this has also acquired during the run of the license agreement, because the position of the licensee in relation to the licensor after the Li-license- or concession contract is not better than that of a third party, the first time, which is identical with the licensed trademark law…
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…
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…
§ 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…
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…