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Max Wenger

Author's details

Name: Max Wenger
Date registered: 22 May 2013

Latest posts

  1. Germany: German Federal High Court rules on two eBay offer listing cases — 30 January 2015
  2. Germany: Collecting society’s payout to publishers highly disputed — 29 May 2014
  3. Germany: More detail around claims against “typo-squatting”? — 11 February 2014
  4. German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle — 6 January 2014
  5. Germany: Act against Improper Business Practices in force — 25 October 2013

Author's posts listings

Germany: German Federal High Court rules on two eBay offer listing cases

On 12 November 2014, the German Federal High Court (BGH) ruled that a sales contract for a used car concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial offer of EUR 1 remained the highest bid (BGH VIII ZR 41/14). As the defendant (the …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2015/01/germany-german-federal-high-court-rules-on-two-ebay-offer-listing-cases/

Germany: Collecting society’s payout to publishers highly disputed

On 13 May 2014 the District Court of Berlin (16 O 75/13) rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers.. The claim was directed at a declaratory judgment that GEMA (the German collecting society responsible for licencing musical performances and musical reproduction) was not allowed …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/05/germany-collective-societys-payout-to-publishers-highly-disputed/

Germany: More detail around claims against “typo-squatting”?

According to its press release, the German Federal High Court (“BGH”) decided on 22 January (I ZR 164/12) that – in the particular case- the registration of a domain name which was a misspelled version of an already registered domain name (“typo-squatting domain”) did not infringe the plaintiff’s name rights. Furthermore, the court specified the …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/02/germany-more-detail-around-claims-against-typo-squatting/

German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle

According to its press release, the German Federal High Court (“BGH”) decided on 12 December 2013 (1 ZR 192/12) that Haribo was allowed to advertise raffles in which only customers who bought specific products were allowed to participate. Moreover, the BGH held the respective TV commercial to be legal as it did not merely address …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2014/01/german-federal-high-court-underlines-the-legality-of-a-linkage-between-a-consumers-purchase-and-hisher-participation-in-a-raffle/

Germany: Act against Improper Business Practices in force

The Act against Improper Business Practices (“the Act”), passed by the German legislator, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains several amendments to different laws and aims to protect consumers against certain business practices especially with regard to law …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/10/germany-act-against-improper-business-practices-in-force/

Germany: Google not held liable for link to website with allegedly defamatory content

 On 5 September 2013 the District Court in Mönchengladbach rejected the claim brought by a history professor (plaintiff) against Google (defendant). The plaintiff’s claim for cease and desist targeted at the deletion of a link contained in Google’s search index which led to an allegedly defamatory blog entry. The plaintiff argued that the author of …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/09/germany-google-not-held-liable-for-link-to-website-with-allegedly-defamatory-content/

German Federal Court of Justice submits decision on the legality of framing to the ECJ

On 16 May 2013 the German Federal Court of Justice (BGH) submitted a case on potential copyright infringements caused by framing to the ECJ. The ECJ shall decide whether an operator of a website infringes the rights of the copyright holder if he provides access to the copyright-protected material via his own website by means …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2013/05/german-federal-court-of-justice-submits-decision-on-the-legality-of-framing-to-the-ecj/