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Results: 1-10 of 23

Federal Court of Justice: GEMA not competent to grant licenses for use of music in advertising

  • Reed Smith LLP
  • -
  • Germany
  • -
  • January 27 2010

The German Federal Court of Justice decided in a decision of June 10, 2009 (file no. I ZR 22606, published with full opinion only November 30, 2009), that the German collecting society for musical rights, GEMA, is currently not competent to license rights of its members regarding the use of musical works in advertising

Patent litigation: procedural changes in Munich

  • Reed Smith LLP
  • -
  • Germany
  • -
  • January 27 2010

In order to increase the attractiveness of Munich as a venue for patent infringement cases, the Patent Chambers of the Munich District Court recently launched a number of procedural changes

‘Appropriate remuneration’ for translators under German copyright law German Federal Court of Justice decides in favor of translators

  • Reed Smith LLP
  • -
  • Germany
  • -
  • January 27 2010

In five parallel matters decided by the German Federal Court of Justice October 7, 2009 and published by the court recently (case nos. I ZR 3807, I ZR 3907, I ZR 4007, I ZR 4107 and I ZR 23006), the court further interpreted the provisions on appropriate remuneration for licensors in German copyright law

Federal Court of Justice: scope of neighbouring rights in databases

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

The German Federal Court of Justice decided in its ruling of April 30, 2009, that the creator of a database can forbid third parties from detecting database modifications by means of data synchronization and from using them for a competitive product (file no. I ZR 19105

Host of German version of the TV show “Who Wants to Be a Millionaire?” wins legal battle for the right to use his picture

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

Günther Jauch, the host of the German version of the famous TV show "Who Wants to Be a Millionaire?", fought a battle through the instances that found a positive ending for him before the German Federal Court of Justice in March of this year, with the full decision published only recently (I ZR 807

Federal Court of Justice: the add -on “” and its competitive relevance

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

The German Federal Court of Justice recently decided on the use of the sign “” in connection with the trademark “Thermoroll” owned by a third party and on the implications this use has (file no. I ZR 21906

Federal Court of Justice clarifies the obligations of patentee to grant third-party licenses

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

In recent years, German courts have had to deal on several occasions with the question of whether a defendant accused of patent infringement may avert the issuance of an injunction if the plaintiff, being a market-dominating company, refused to grant a license and thus discriminated against the defendant

“Third Basket”: German Federal Ministry of Justice is examining the need for further amendments to German copyright law

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

During the legislative proceedings for the Second Act on Copyright Law in the Information Society the so-called "Second Basket" which has been in force since January 1, 2008, many interest groups and lobbyists insisted that the legislator should timely attend to the preparation of a "Third Basket"

LEGO brick as a 3D trademark cancelled

  • Reed Smith LLP
  • -
  • Germany
  • -
  • September 25 2009

On July 16, 2009, the German Federal Court of Justice ruled that the LEGO brick, with its characteristic burling arrangement on the upper side, is not capable of protection as a three-dimensional trademark for gaming bricks

Three-dimensional trademarks

  • Reed Smith LLP
  • -
  • Germany
  • -
  • June 22 2009

On May 2, 2009, the European Court of First Instance had to decide on the registrability of three-dimensional trademarks in two cases