Day/Week/Month/Year: 130/19/5/2008
Thu, 01 May 2008
Internet Auction and Trademark
CK - Washington. After a recent change in the law on online provider liability, the German Supreme Court confirmed its prior view on the liability shield for internet service providers in cases of trademark violations committed by their customers.
On April 30, 2008, the court found in the matter I ZR 73/05 - Internet-Versteigerung III an auction platform liable for failing to suppress customer postings of fake items bearing trademarks. The court noted that the liability of providers is limited in the case of criminal violations and civil damages. The limitation of liability in the new statute, Telemediengesetz, does not extend, however, to claims for the removal or suppression of material that violates trademarks.
The facts at issue involve an offer at auction for watches with a statement identifying the watches as unauthorized replicas. After receiving notice from the trademark owner, the online auctioneer is required to remove the posting, the court held. In addition, it required online providers to take preventive action when they know that future postings of a similar nature are likely.
© German American Law Journal :: Washington USA
CK - Washington. After a recent change in the law on online provider liability, the German Supreme Court confirmed its prior view on the liability shield for internet service providers in cases of trademark violations committed by their customers.
On April 30, 2008, the court found in the matter I ZR 73/05 - Internet-Versteigerung III an auction platform liable for failing to suppress customer postings of fake items bearing trademarks. The court noted that the liability of providers is limited in the case of criminal violations and civil damages. The limitation of liability in the new statute, Telemediengesetz, does not extend, however, to claims for the removal or suppression of material that violates trademarks.
The facts at issue involve an offer at auction for watches with a statement identifying the watches as unauthorized replicas. After receiving notice from the trademark owner, the online auctioneer is required to remove the posting, the court held. In addition, it required online providers to take preventive action when they know that future postings of a similar nature are likely.
© German American Law Journal :: Washington USA
Fri, 11 Apr 2008
Reform of German IP Law
CK - Washington. On April 11, 2008, the federal diet in Berlin passed a statute for a comprehensive reform of IP laws in Germany. The website of the Berlin attorney general presents a detailed overview and links to the new statute and related material.
The new IP rules affect patents, design patents, mask works, copyrights, plant varieties, trade marks and identifications of regional origin for agricultural products and foodstuff.
The outlook of the statute is international because it implements in large part the German version of an E.U. directive, 2004/48/EG, ABl. EU Nr. L 195, 16.
Occasionally, the attorney general publishes material in English on its web site. The new IP regime in Germany may be described there in the future. Readers should not confuse this new effort with the reform of copyright law which became effective on January 1, 2008 and is already the subject of a note at the site.
© German American Law Journal :: Washington USA
CK - Washington. On April 11, 2008, the federal diet in Berlin passed a statute for a comprehensive reform of IP laws in Germany. The website of the Berlin attorney general presents a detailed overview and links to the new statute and related material.
The new IP rules affect patents, design patents, mask works, copyrights, plant varieties, trade marks and identifications of regional origin for agricultural products and foodstuff.
The outlook of the statute is international because it implements in large part the German version of an E.U. directive, 2004/48/EG, ABl. EU Nr. L 195, 16.
Occasionally, the attorney general publishes material in English on its web site. The new IP regime in Germany may be described there in the future. Readers should not confuse this new effort with the reform of copyright law which became effective on January 1, 2008 and is already the subject of a note at the site.
© German American Law Journal :: Washington USA
Tue, 08 Apr 2008
Casino Sets Go, Collects
CK - Washington. A German Internet casino license limits the plaintiff casino to Internet games with persons resident in the state of Hesse. It sought to collect from a player who had faked an address in the state, had set no limit and argued that the casino website failed in its limit function. In addition, collection efforts should be barred as the online gambling business is immoral and the online contract is void under the Civil Code.
On April 3, 2008, the German Supreme Court in Karlsruhe, Bundesgerichtshof, ruled in favor of the casino in the matter III ZR 190/07. Section 134 of the Civil Code does not apply because the casino did not violate statutory restrictions. In addition, it was properly licensed and sought to keep Internet gamblers in compliance with the terms of its license.
The court reviewed the limit issue from two perspectives. One, the fact that the license required a limit and the website did not enforce it, does not constitute a violation of the statute governing the casino, the court held. Two, the failure of the limit function did not lead to voidness by reason of unconscionability or reprehensibility under section 138 of the Civil Code.
© German American Law Journal :: Washington USA
CK - Washington. A German Internet casino license limits the plaintiff casino to Internet games with persons resident in the state of Hesse. It sought to collect from a player who had faked an address in the state, had set no limit and argued that the casino website failed in its limit function. In addition, collection efforts should be barred as the online gambling business is immoral and the online contract is void under the Civil Code.
On April 3, 2008, the German Supreme Court in Karlsruhe, Bundesgerichtshof, ruled in favor of the casino in the matter III ZR 190/07. Section 134 of the Civil Code does not apply because the casino did not violate statutory restrictions. In addition, it was properly licensed and sought to keep Internet gamblers in compliance with the terms of its license.
The court reviewed the limit issue from two perspectives. One, the fact that the license required a limit and the website did not enforce it, does not constitute a violation of the statute governing the casino, the court held. Two, the failure of the limit function did not lead to voidness by reason of unconscionability or reprehensibility under section 138 of the Civil Code.
© German American Law Journal :: Washington USA
Fri, 28 Mar 2008
Abuse of Prosecution
CK - Washington. Prosecutors and courts are short on resources in North Rhine-Westphalia. Huge sums are spent on their criminal investigations of alleged copyright violations by Internet users.
The Wuppertal D.A. is now in trouble with the music industry and the justice department because the office refuses to process mass complaints filed by the music industry. Aside from the expense, the dispute involves a systemic issue in German civil procedure.
Discovery in civil matters relies frequently on the results of a criminal investigation which the prosecution shares with complainants. The music industry got used to D.A.s identifying violators which the industry would then civilly pursue in order to collect damages. The D.A.s feel that they are being abused as cheap investigative service in support of the industry's collection efforts and revenue streams.
© German American Law Journal :: Washington USA
CK - Washington. Prosecutors and courts are short on resources in North Rhine-Westphalia. Huge sums are spent on their criminal investigations of alleged copyright violations by Internet users.
The Wuppertal D.A. is now in trouble with the music industry and the justice department because the office refuses to process mass complaints filed by the music industry. Aside from the expense, the dispute involves a systemic issue in German civil procedure.
Discovery in civil matters relies frequently on the results of a criminal investigation which the prosecution shares with complainants. The music industry got used to D.A.s identifying violators which the industry would then civilly pursue in order to collect damages. The D.A.s feel that they are being abused as cheap investigative service in support of the industry's collection efforts and revenue streams.
© German American Law Journal :: Washington USA
Mon, 24 Mar 2008
Major German American Law Day
CK - Washington. The German branch of the German America Law Association brings its various specializations together at the annual Joint Specialities Day. In 2008, the event will take place on April 19, 2008 in Frankfurt.
Experts from the United States, Germany and other countries will present and explore topics ranging from ICC arbitration to transnational IP and M&A. issues. The extensive agenda for the Gemeinsamer Fachgruppentag and registration form are available for download from the DAJV web site.
© German American Law Journal :: Washington USA
CK - Washington. The German branch of the German America Law Association brings its various specializations together at the annual Joint Specialities Day. In 2008, the event will take place on April 19, 2008 in Frankfurt.
Experts from the United States, Germany and other countries will present and explore topics ranging from ICC arbitration to transnational IP and M&A. issues. The extensive agenda for the Gemeinsamer Fachgruppentag and registration form are available for download from the DAJV web site.
© German American Law Journal :: Washington USA
Recent Entries:
- German Reports:
