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BGH: burden of proof in liability of the platform operator

In a recent decision (BGH v. 10.4.2008, I ZR 227/05 AZ), the Supreme Court opinion on the question of burden of proof taken in the event that the platform operators taken as troublemakers or because of the breach of a duty to maintain safety in claim is. Basically the state competition because of a violation unused indirect interferences an impossibility or unreasonableness of the injury prevention and prove. Given any particular provisions in TDG, this is the platform operator differently. Must cite the inability of these violations are found positive, thus proving the alleged victim. However, the platform operator to react to a corresponding statement extensive and explain why the statements of the injury are wrong (so-called secondary burden of proof). www.anwalt-strieder.de

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database vendor reconciliation prohibits by rival

, a database manufacturer may require omission of a competitor, if it uses the database to a comparison of data with its competitor. In the case decided was the competitor changes to the database with a Synchronization is read and used for its database to update the data. The Supreme Court has prohibited this and the competitors for infringing the copyright of the database producer to refrain convicted. Already a single collection of all changed data refer by creating a cached list of changes to a qualitatively substantial part of the database (BGH 30.04.2009, I ZR 191/05). The extraction of an insubstantial part of a database may incidentally be allowed. www.anwalt-strieder.de www.telefonrechtsrat.de

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typosquatting, cybersquatting, and the injunction

a restraining order, after a certain Domain may not be used, must be worded in such a concrete way that the course of conduct is to be derived from this clear. It is true that nuclear activities are basically includes the same injury, which is recognized in trademark law (so-called core theory). This principle may be restricted by law in the domain, however, since even the slightest change could lead to the domain name to the injury. This was decided by the Court of Appeals Hbg Vertippertdomains to so-called, in this case "guenstiger.de". "An extension of the occasion of specific infringing mark (" gübstiger.de "and" günstigert.de ") adopted prohibition (emphasis added by the Senate) with similar signs to only same violation quality can not explain, however, on the principles of nuclear theory. Otherwise, legal prohibitions were identified at risk to be shapeless and could not meet its primary purpose, to ensure legal certainty. (OLG Hamburg v. 08.01.2009, Az: 5 W 1 / 09). Suction. same nuclear rights violations are usually at the mere Vertipperdomain not seen since the character structure of these domains of the signs of injury on the nature and extent domain may differ materially.

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television advertising for athlete's foot: The infringement?

The title of this post is misleading. Of course, it goes in this post to television advertising for athlete's foot. Such television advertising is not what the average reader and TV viewer is known. Whether the Internet there are groups in the acquisition and preservation of such a disease experience internal benefits, the author is unknown. In an interesting decision of the BGH vom 11.9.2008, Az: I ZR 58/06, it was rather the question of whether admissible in a TV advertisement, a written notice can be displayed, if not excluded that also blind spectators or those who listen only but no look, perceive the spot and be fooled by the statement noting the absence of written instructions. This is not a misleading advertising. In In assessing whether an advertisement is misleading, of all its features including the features of the communication medium to be considered. Television advertising is, as the average consumer is known in principle from image and sound. The viewer expects it so that, where appropriate, information will be displayed. The failure to request the applicant has withdrawn therefore lawful conduct of the advertiser and therefore went too far. www.anwalt-strieder.de www.telefonrechtsrat.de