Archive of all reviewed judgements of NACHTWEY IP
Fine imposed because of open mailing list
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 4), of which 9.5 pages contained the e-mail addresses of the individual recipient. (mehr …)
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 would be unreasonable in this case. Such an extensive storage of data constitutes a breach of the charter of fundamental rights, in particular the right to private life and the right to protection of personal data and the right of freedom of expression and is thus not consistent with the fundamental rights of the European Union. (mehr …)
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 video shootings made in a room safeguarded against unauthorized inspection in which, amongst others, the plaintiff was photographed. Single pictures were also published in the British tabloid “News of the World” in a perfect way to attract the readers. The publications dated back to 2008. At that time the plaintiff successfully started civil proceedings against all sources which were publishing such photos and of whom he became aware. The plaintiff has successfully sued every source known to him that has published photos of him. (mehr …)
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. (mehr …)
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. (mehr …)