Internet Auction and Trademark
am 01.05.2008 von German American Law Journal :: American EditionCK - 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 customers. On April 30, 2008, the court found in the matter I ZR 73/05 - Internet-Versteigerung III an auction platform liable for failing to suppress customer postings of fake items bearing trademarks. The court noted that the liability of providers is limited in the case of criminal violations and civil damages. The limitation of liability in the new statute, Telemediengesetz, does not extend, however, to claims for the removal or suppression of material that violates trademarks. The facts at issue involve an offer at auction for watches with a statement identifying …
Milestone in Copyright Jungle
German American Law Journal :: American Edition / CK - Washington. Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht. The December 20,…
Internet Survives Düsseldorf
German American Law Journal :: American Edition / CK - Washington. The buzz on German blogs is the newest decision on the liability of forum providers for visitor comments. The well-informed Berlin Blawg publishes the Düsseldorf Court of Appeals decision in the matter I-15 U 21/06 of Jun…
Forum Liability in Supreme Court
German American Law Journal :: American Edition / CK - Washington. Conflicting positions by various courts characterized the German legal landscape in the realm of vacarious liability for the publication of libelous statements in forums on the Internet. Is the ISP or operator of a forum liab…
Double Trouble Hits Spammer
German American Law Journal :: American Edition / KR - Washington. Spam EMails violate various German statutes. Most commonly, a cause of action is based on the Unfair Competition Statute, UWG, of July 3, 2004, BGBl. I, p.1414, as amended on April 19, 2006, BGBl. I, p.866. On October 25, 200…
Internet Law in English
German American Law Journal :: American Edition / CK - Washington. In Germany, internet law springs from various sources. An important, European Union-aligned statute addresses identification and removal requirements for content providers. Although in apparent conflict with various constitut…
Freight from China: IP Liability
German American Law Journal :: American Edition / CK - 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 infr…
Organism Liability of Online Vendors
German American Law Journal :: American Edition / CK - Washington. Contributory liability for acts of others has developed into a headache also for so-called affiliate marketing programs on the Internet. In such systems, a vendor contracts with an aggregator that provides access to websites…
German Fear of Anonymity
German American Law Journal :: American Edition / CK - Washington. Another nail in the wireless Internet coffin. By summary order, the Düsseldorf appellate court announced that WiFi users should install password protection and encryption in order to insulate themselves from contributory…
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