Freight from China: IP Liability
am 07.11.2007 von http://www.recht.us/amlawCK - Washington. A freight forwarder is not contributorily liable, under German trademark law, for the violation of trademarks by simply failing to inspect shipped goods for infringement just because they originate in a country known for infringing goods. Medien, Internet und Recht published the August 15, 2007 appellate decision from the OLG Hamburg court in the matter 5 U 188/06. The court ruled in favor of the freight forwarder also because the packing did not enable the shipper to observe infringing marks on the goods. The court also held that …
Perfume Trademarks
German American Law Journal :: American Edition / HG - Washington. According to Section 19 of the German Trademark Statute, Markengesetz, a trademark owner may demand information from any infringer of the trademark about the origin and distributor of the infringing goods. The Supreme Cour…
Criminal Purchase at Auction
German American Law Journal :: American Edition / CK - Washington. The Pforzheim criminal trial court ruled on June 26, 2007 in a decision now published at Medien Internet und Recht that the fencing statute applies to inexpensive purchases of new goods on the auction platform eBay. In the…
eBay Users to Provide Right of Return
German American Law Journal :: American Edition / WO - Boston. The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3, 2004, that purchasers of goods on the eBay website have the right to return goods purchased on the site during the statutory 14 d…
Loser Pays Costs
German American Law Journal :: American Edition / J.G - Washington. In Germany, legal fees consist of attorney fees for out of court actions and litigation and of court costs. A lawsuit may extend to three instances--trial court, court of appeals and supreme court. At each lev…
Hamburg Trips Forum
German American Law Journal :: American Edition / CK - Washington. As it has done before, the Hamburg district court showed its disdain for free expression on the Internet on April 27, 2007. The new decision in the matter 324 O 600/06 goes further than its prior rulings and calls comments pu…
Internet Auction and Trademark
German American Law Journal :: American Edition / CK - Washington. After a recent change in the law on online provider liability, the German Supreme Court confirmed its prior view on the liability shield for internet service providers in cases of trademark violations committed by their custo…
Trademark As Bait in Adwords
German American Law Journal :: American Edition / CK - Washington. The use of trademarks in metatags of web sites and in adword advertising on search engines has led to many court decisions in Germany. The issue is settled for trademarks in metatags because the Supreme Court in Karlsruhe rul…
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