The new SLK – No obligation to indicate the CO2 emission or consumption from a competition standpoint

a) “Model” within the meaning of § 5 Abs. 1 Car EnVKV under § 2 No.. 15 Car EnVKV the trade name of a vehicle, consisting of factory brand, Type and, where appropriate variant and version of a passenger car. This does not conflict, that pursuant to § 2 No.. 6 Car EnVKV in conjunction with Article. 2 No.. 6 Directive 1999/94 / EC then, if a model under several variants and / or versions are summarized, are of value for CO2 emissions of this model based on the variant or version with the highest official CO2 emissions indicate within this group.

b) In Annex IV subparagraph 3 Directive 1999/94 / EC included provision, after which the fuel must not be specified, if it is referenced in the promotional literature only on the make, and not to any particular model, does not justify the implication, that in such a case, after all, the CO2 emissions must be specified.

JUDGMENT BGH I ZR 119/13 from 24. July 2014 – The new SLK

UWG § 4 No.. 11, § 5a Abs. 2 and 4; § car EnVKV 2 No.. 6, 15 and 16, § 5 Abs. 1 and Section I of Annex 4; Directive 1999/94 / EC Art. 2 No.. 6, 11 and 12, Art. 6 Abs. 1 and Annex IV
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Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading “Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press”

Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading “Portrait rights (Copyright Act), general right of personality and Press”

Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent.

The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application.

In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). Continue reading “Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)”

Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading “Competitive situations (including competition law and warnings injunction proceedings)”

Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

Press release LG Nuremberg: Summary proceedings: eBay may exclude the extreme right clothes

The Internet platform, eBay has trade in certain, the far-right scene associated clothing brands locked. The Company, which includes these brands, contrast, sought an injunction and thus failed in the first instance before the Landgericht Nürnberg-Fürth.

The brands of the applicant had been described by some media as a recognition of the extreme right clothing. The Internet platform eBay then entered into these brands of current and future auctions products from. In contrast, the trademark owner defends. It denies, that is connected to the far-right scene and argues, that although they themselves expelling the products only to distributors, The sale of the middlemen in the retail successes but 25 % on eBay. Lies in the closure discrimination through eBay as a dominant company and an illegal boycott. The trademark owner has therefore requested, eBay to ban it in the way of an injunction, exclude their designated by the marks in conflict from the sale of products over the Internet marketplace eBay.
The Landgericht Nürnberg-Fürth this application by judgment of 17.5.2013 rejected.

Continue reading “eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain”

Research services

Specifically, we support the following services from a legal perspective:
Protection legal research
Trademark Search
Title protection research
Name- and Company Name Search
Patent- and utility research (including biological and chemical inventions)
Design searches (Searches for registered and unregistered designs)
Plant varieties searches
Searches for semiconductor topographies
Author- research and copyright
Owner search

Rights monitoring
Brands- Names and monitoring
Patent- and utility monitoring
Design monitoring
Plant varieties monitoring
Monitoring of semiconductor topographies
Copyright monitoring

Domain search, -advice & Monitoring
Owner search
Domain name search
Domain name monitoring

Use Searches
Research on the use of property rights
License Search

Market Analysis and Research
Market survey, -analysis and evaluation of legal protection aft
Market reviews
Appreciation of property rights

General economic research
Competition analyzes
other economic research (including credit research)

General Informationsbroking

Intellectual Property (Patent law, Utility Model Law, Trademark, Design Right, Plant variety rights) and Copyright

We know with all forms of protection of intellectual property. The advice ranges from the registration and defense of patents, Use patterns, Designs and brands to domain name, Semiconductor topographies and plant varieties. Special experience in many industries, For example, in telecommunications, the electrical industry or the pharmaceutical industry set us apart.

We assist our clients with the inclusion of these rights in the strategic planning. We stand before the German Patent- and Trademark Office, European authorities and international authorities to, order to optimally place the rights of the markets in the interests of our clients.

We support the utilization of existing rights, both defense before ordinary courts, as well as against competitors. It includes this copyright law fair use in competitive marketing activities, preventing injuries third party rights and targeted responses to product- or property right piracies.

Of course, we fully manage your property rights. For example, we evaluate Trademark monitoring of, Check all the requirements for obtaining, for expansion or differentiation of your brand etc. worldwide.

Horak Attorneys designed all necessary contracts such as license agreements, Delimitation agreements, Confidentiality Agreements, Recycling- and distribution agreements etc. Additional qualifications, knows z.B. as a graduate engineer, ensure a comprehensive, also technical issues comprehensively considered advice and representation.

IT law

The IT Law represents one of our major priorities. Development, Production, Distribution and maintenance of software- and hardware requires regular review and adjustment of contracts and terms and conditions underlying. Because the law is constantly changing. Of general shopping- and marketing conditions on software development contracts, the design of license- system or contracts to the enforcement of individual claims, we have a profound understanding of the IT market developments in the information technology. Of course we know with technical “Innovations”, wie Cloud Computing ebenso aus, as actual IT innovations. Einschlägige Branchenkenntnisse und Branchenerfahrung nebst unserem Verständnis für die besonderen Fachtermini und wirtschaftliche Zusammenhänge bietet Ihnen eine zielführende Beratung und Vertretung.