No Clean Hands in Competition
am 07.05.2005 von German American Law Journal :: American Edition
CK - Washington. Equity requires clean hands of a party that raises a claim against a party not to have violated the law in respect of the other party. The Supreme Court in Civil Matters, Bundesgerichtshof, in Karlsruhe, decided in such a constellation that German competition law does not know such a doctrine. Each claim has to be judged on its merits.
The Dr. Bahr blog notes today that the unclean hands problem is prominent in Anglo-American law. In the general German civil law, this principle is solved via the Treu und Glauben doctrine (§242) of the Civil Code. The court does not refer to the clean hands issue in its decision of February 24, 2005 in the matter I ZR …
Hotel Marks in Germany and Spain
German American Law Journal :: American Edition / CK - Washington. In the matter 33 O 209/03, the Cologne District Court, Landgericht ruled on September 13, 2005 that a German trademark for hotels in Germany is not violated by the same mark used for a hotel in Spain even if the Spanish hotel…
Expatriating Assets Illegal?
German American Law Journal :: American Edition / CK - Washington. Lawyers who assist Germans in establishing a business in the United States with assets from a German business may possibly become ancillares to a German crime that consists of selling or removing assets from the reach of poten…
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…
Heir Disinherited
German American Law Journal :: American Edition / CK - Washington. Disinheriting a statutory heir is almost impossible under German law unless an heir seeks to kill or assault the testator. A recent decision, case numbers 1 BvR 1644/00 and 1 BvR 188/03, by the Supreme Constitutional Court fin…
Phone Customer Data
German American Law Journal :: American Edition / CS - Bonn On August 18, 2004, the Thuringia Court of Appeals in case number 2 U 1038/03 upheld a lower court decision to confirm that telephone companies must keep confidential customer data secret if so demanded. The court held that the publi…
Sweat of the Brow: HTML
German American Law Journal :: American Edition / CK - Washington. Converting a clients ads from a text processor file to an HTML file, without more, is sweat of the brow-type work, not a copyrightable work under German copyright law, the Frankfurt Court of Appeals decided in the matter 11U64…
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