LawyerIT: IT Law

A commercial practice is known as "misleading" within the meaning of Art. 6 Abs. 1 Directive 2005/29/EC of the European Parliament and of the Council of 11. More 2005 Unfair business practices by companies to consumers in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EG) No.. 2006/2004 of the European Parliament and of the Council (Directive on unfair commercial practices) classified, if this practice to a misrepresentation or contains the average consumer is likely to deceive and are apt to, to cause the consumer to take a transactional decision, he would not have taken otherwise. Art. 2 BUCHST. k this ...

1. The delegation authorized to prosecute breaches of competition law professional association a lawyer with a – objectively justified – Warning, are characterized legal costs only non-refundable, when the Association of the pursuit of competition breaches “the task” has. The latter does not depend solely on, whether the fight against unfair competition is mentioned in the statute as a task of the Association. It is more important, whether the Abmahntätigkeit the Association adopted a scope for a certain duration, in which an economically rational acting federation would hire for reasons of cost to accomplish this task legally trained staff; this is the association, a certain margin of discretion zuzubilligen. 2. When applying under Paragraph 1. dargestellten Grundsätze...

Press release of the Federal Court No.. 090/2013 from 16.05.2013 Shall submit to the Federal Court of Justice of the European Union to the question of the admissibility of copyright “Framing” our There u.a. I responsible for copyright. Civil Senate of the Bundesgerichtshof has referred the matter to the Court of Justice of the European Union, whether the operator of a website penalized for an infringement of copyright, if he copyrighted content, which are publicly available on other websites, by means of “Framing” integrates into its own website. The applicant, manufactures and sells water filtration systems, made for advertising purposes a about two minutes long film entitled “The reality” manufacture, which deals with water pollution. It is the proprietor of the exclusive utilization rights to this film. The film was –...