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Archive

3 years imprisonment for infringement of a trademark

What is it all about? A trader in wristwatches imported a total of 29,032 wristwatches into the European Union and the Federal Republic of Germany,…
No before/after pictures for cosmetic surgery

Are doctors allowed to advertise cosmetic surgery, in particular by presenting photos of patients before and after treatment?
Link liability – the end of copyright on the Internet?

Link liability for copyright infringements on the internet – nightmare for authors or the end of the internet as we know it? Proceedings before the ECJ.
GEMA vs. YouTube

GEMA – YouTube. What happens when users of platforms upload videos with illegal content? This raises the question of whether platforms are liable for this.
Liability for hyperlinks

Under what circumstances are you liable for a hyperlink on your own website and when do you have to remove such links to avoid trouble?
What exactly is an outlet?

Who is actually allowed to advertise with the term “outlet” and what does it mean? Is the use of “outlet” by online retailers permitted?
Trademark protection for Lego figures

Can toy figures such as the Lego figures be protected as a 3D trademark or is it a purely technical effect that cannot be protected?
SEO and SEA: Service contract or contract for work?

The contractual classification of SEO and SEA services provided by agencies as a service contract or contract for work is of great relevance in the event of a dispute.
Better Call Saul – limits of lawyer advertising

Lawyer advertising like Better Call Saul “Better Call Saul” is a spin-off of the hit series“Breaking Bad” in which Saul Goodman has to save his…
The Marlboro Man and the tobacco advertising ban

Probably no longer permitted today: The Marlboro Man, cigarette icon of the 20th century. On the changes and requirements for tobacco and cigarette advertising.
Amazon warning trap

Clemens Pfitzer, certified expert in intellectual property law and IT-law, outlines some of the most common reasons for cease and desist letters from retailers on Amazon.
Rubik’s cube remains protected

The Rubik’s cube, which has been popular since the 1980s, remains protected as a 3D trademark. Following a decision by the EUG, the cancellation of the trademark would be rejected.
Free second pair of glasses

Are opticians allowed to advertise a free second pair of glasses or is this an inadmissible advertising gift under the law on the advertising of therapeutic products?
Embedding third-party content on the web is not a copyright infringement!

The European Court of Justice clarifies that the embedding of third-party content (framing) does not infringe copyrights under certain conditions.
EUR 1,000 in damages for nude photos via WhatsApp

What claims are you entitled to if classmates share nude photos via Whatsapp? Frankfurt Regional Court awards compensation for pain and suffering.
Nasty UBER surprise for UBER drivers

What legal challenges do UBER drivers face in Germany and how does the legal situation affect their work?
Right of withdrawal for gold bars

Is there a right of withdrawal when buying gold bars online? Or is there an exception to the right of withdrawal?
No transfer claim for .eu domains

Is there a transfer claim for .eu domains or not? Find out everything about the decision of the OLG Stuttgart on this topic.