In a press release dated 28.06.2013 the Bavarian Data Protection Authorities (BayLDA) announced that they imposed a fine against the management of a commercial enterprise because one of their employees sent a newsletter with an open mailing list. According to the press release, a female employee of a commercial enterprise had written a short e-mail to clients. The e-mail consisted of 10 pages (DIN A…
The data retention directive and the ECJ
In its ruling of today (08.04.2014 – file ref.: C-293/12 and C-594/12) the European Court of Justice found that the Data Retention Directive is not consistent with EU law. The European Court of Justice ruled in favour of a lawsuit of an Irish civil rights defence organization and of various Austrian citizens as well as of the Carinthia government. They had pleaded that storing data…
Max versus Medusa
At the end of January the civil chamber 24 of the Hamburg Regional Court (324 O 264/11) announced the eagerly awaited judgement of the former president of the FIA, Max M., against Google. The matter in dispute are numerous photos showing the plaintiff’s picture as well as his special posture, all of which can be found via the defendant’s search engine. The photos originate from…
FCoJ rules about Copyrights on decorative arts
The Federal Court of Justice (FCoJ) ruled on November 13th, 2013, (Az: I ZR 143/12) about the copyright on decorative arts. Whereas, it was heavily questioned before this decision, if decorative arts were to be protected as copyrights in the same way as other works, this is now decided by the highest national court.
Marlene Dietrich is a trademark
Nachdem vom 1. Senat des Bundesgerichtshofs (I ZB 62/09)* mit Beschluss der Rechtsbeschwerde stattgegeben wurde und die “Segelanweisung” für den Beschluss des Bundespatentgerichts vorgegeben hatte, ist nun durch den 29. Senat des Bundespatengerichts (29 W (pat) 147/03) entschieden worden.