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Archive

Liability for AI-generated images

Is the creation of an AI image using an original a copyright infringement? How close does the result have to be to the original?
Offline, but not free

Anyone who stores music or films offline on Spotify or Netflix is not making a private copy. The ECJ has ruled that no device levy is due here.
AI diagnostic software patentable

AI diagnostic tools are generally patentable. Federal Court of Justice clarifies when software runs on the human body – and when it doesn’t.
Illustrator fails against film producers

Action brought by an illustrator against the film adaptation of the School of Magical Animals dismissed. Individual design features are not eligible for protection.
Copyrights to symbols in construction plans

The Regional Court of Cologne denies copyright protection for standardized CAD symbols in hospital plans due to lack of creativity.
Fictitious founding years in luxury brands

Fictitious founding years as part of luxury brands can be misleading if the many years of expertise suggested do not exist.
Redacting, but the right way

Redaction, but the right way. The Bavarian State Commissioner for Data Protection explains how to redact documents in compliance with data protection regulations.
Sharing access data within the Group

Internal disclosure of database access data within the Group is not a targeted anti-competitive obstruction or a violation of the GeschGehG.
Cannabis with a click

According to the Federal Court of Justice, online marketing of products and treatments using cannabis with lists of complaints is prohibited advertising to the public.
Designer brand without designer deceptive

ECJ: Designer trademark can be lost in case of deception. Anyone who wrongly suggests that the designer is still involved in the design process risks losing their trademark rights.
Special as a trademark for beer

BPatG: Word mark “Spezial” for beer and gastronomy not registrable. What breweries and restaurateurs should consider in their trademark strategy.
Rummage table instead of luxury

Düsseldorf Higher Regional Court prohibits TK Maxx from selling L’Oréal luxury cosmetics. The court confirms that rummage counters destroy the “aura of luxury”.
Cyber attack and GDPR liability

GDPR damages for cyber attacks. Krefeld Regional Court denies liability for zero-day exploits and state-of-the-art software.
Sustainable and CO₂-neutral misleading

CO₂-neutral is not the same as CO₂-reduced: Bochum Regional Court condemns retailer for misleading sustainability advertising. What companies now need to consider.
Food flavoring or e-cigarette accessories?

Federal Court of Justice: Individual mixing components for e-cigarettes can also be considered refill containers. Previous advertising can continue to have legal effect.
Liability for errors in Google Ads

Federal Court of Justice: Retailers are liable for incorrect Google ads, even if Google creates the ads automatically and independently. What companies need to change now.
Free test drive in return

Karlsruhe Higher Regional Court: Influencer must label Audi and BMW posts as advertising – even if she was only reimbursed for travel expenses and there was no obligation to post.
Limit for abusive GDPR requests

ECJ: Even a first GDPR request for information can be abusive. Refusal to provide information triggers compensation – even without data processing.