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Results: 11-20 of 36

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

Federal Court of Justice again decides on the permissibility of advertisement with price reduction

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

In its judgment dating from December 10, 2009 (file no. I ZR 19507 the complete judgment is not available yet), the I. Civil Court of the German Federal Court of Justice, inter alia responsible for actions in unfair competition, decided that advertisement with a price deduction of 19 percent constitutes unfair competition if it is not clear and unequivocal from the advertisement itself that such price deduction will only be granted on goods in stock in the shop

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

Justifying age discrimination

  • Reed Smith LLP
  • -
  • European Union, Germany
  • -
  • January 20 2010

The European Court of Justice (ECJ) has ruled that the protection of patients from declining performance of dentists due to their age may be a legitimate aim justifying difference in treatment on the grounds of age

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: 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: quotation of prices on the Internet

  • Reed Smith LLP
  • -
  • Germany
  • -
  • 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

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

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