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To infringe or not to infringe? German Federal Supreme Court decides on sampling of music

Reed Smith LLP
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Germany
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March 25 2013

Section 24 (1) of the German Copyright Act permits the publication and exploitation of an independent work that is created in free use of a work of

Judgments by German courts regarding trade dress infringement in 2012

Reed Smith LLP
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Germany
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March 25 2013

In a judgment of March 22, 2012 (file no. I ZR 2111), the German Federal Supreme Court (the Court) held that a toy set - of a sand box with tools -

German Federal Supreme Court decides another matter regarding keyword advertising

Reed Smith LLP
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Germany
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March 25 2013

On December 14, 2012 the German Federal Supreme Court had to decide once more in a case regarding the admissibility of keyword advertising. The Court

CJEU judgment regarding the modernisation of marks under German trademark law

Reed Smith LLP
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European Union, Germany
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March 25 2013

With a judgment of October 25, 2012 (file no. C-55311) the Court of Justice of the European Union ("CJEU") provided owners of trademark rights with

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

Reed Smith LLP
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Germany
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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

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law

Reed Smith LLP
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European Union, Germany
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January 27 2010

The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-30408) that Directive 200529EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition

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

Reed Smith LLP
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Germany
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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

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

Reed Smith LLP
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Germany
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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: scope of neighbouring rights in databases

Reed Smith LLP
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Germany
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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

Federal Court of Justice: quotation of prices on the Internet

Reed Smith LLP
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Germany
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September 25 2009

The German Federal Court of Justice, in its decision of July 16, 2009 (I ZR 14007), commented on the question of whether a distant seller who is promoting his goods by means of a comparison shopping site (price comparison list) on the Internet has to indicate the shipping costs

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