Gesellschaft, Politik und Recht

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Dez
02

OLG Stuttgart affirms protection of collective trademarks featuring designations of origin

OLG Stuttgart affirms protection of collective trademarks featuring designations of origin While it is not possible to completely shut out other market participants from indications of origin, a trademark“s reputation must not be unduly exploited according to the Oberlandesgericht (OLG) Stuttgart, the Higher Regional Court of Stuttgart. Trademark protection is an important issue for a … Weiterlesen »

Nov
25

LG Essen: Unlawful advertising statements promoting e-cigarettes

LG Essen: Unlawful advertising statements promoting e-cigarettes Liquids for e-cigarettes must not be promoted using the slogan „Genuss ohne Reue“ (enjoyment without regrets). That was the verdict of the Landgericht (LG) Essen, the Regional Court of Essen, in a ruling from October 25, 2019 (Az.: 41 O 13/19). Consumers must not be misled by health … Weiterlesen »

Nov
21

GDPR violation – Record 14.5 million euro fine imposed

GDPR violation – Record 14.5 million euro fine imposed GDPR violations can prove expensive, something which one real estate firm recently had to learn the hard way when it received a fine to the tune of 14.5 million euros. The EU General Data Protection Regulation – GDPR for short – is supposed to afford better … Weiterlesen »

Nov
18

OLG Hamm: Advertising must include all information that is material to consumers

OLG Hamm: Advertising must include all information that is material to consumers Consumers must not be deprived of information material to their decision whether or not to make a purchase. This constitutes a breach of competition law, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm. In order … Weiterlesen »

Nov
15

Automatic exchange of (financial) information (AEOI) – Timely voluntary disclosure for tax evasion

Automatic exchange of (financial) information (AEOI) – Timely voluntary disclosure for tax evasion Financial information was automatically exchanged once again on September 30, 2019. Those with unreported income in foreign accounts can still submit a voluntary declaration leading to immunity from tax evasion charges. The automatic exchange of (financial) information (AEOI) occurs regularly at the … Weiterlesen »

Nov
14

Detailed project contracts for software development and computer programming

Detailed project contracts for software development and computer programming Ready-made software solutions no longer cut it in many businesses whose needs require dedicated software. In this context, attention needs to be paid to how the project contract is drafted. A lot of business sectors require the use of specially developed software that is tailored in … Weiterlesen »

Nov
12

EGC: Chinese scooter not in breach of competitor“s intellectual property rights

EGC: Chinese scooter not in breach of competitor“s intellectual property rights A Chinese manufacturer of motor scooters is not in breach of an Italian competitor“s intellectual property rights. That was the verdict of the General Court of the European Union (EGC) in a ruling from September 24, 2019 (Az. T-219/18). We at the commercial law … Weiterlesen »

Nov
08

MTR Rechtsanwälte – Experience with post-contractual non-compete clauses for managing directors

MTR Rechtsanwälte – Experience with post-contractual non-compete clauses for managing directors Post-contractual non-compete clauses between companies and managing directors need to be balanced in order to be effective. Post-contractual non-compete clauses are designed to protect the interests of the company after the managing director leaves. For this reason, the parties typically agree that the managing … Weiterlesen »

Nov
05

ECJ: Cookies require users“ active consent

ECJ: Cookies require users“ active consent The use of cookies on websites requires users“ active consent. That was the verdict of the ECJ in a ruling from October 1, 2019 (Az.: C-673/17). Users regularly encounter what are referred to as „cookies“ on websites online. These are used for storing information on a user“s hard drive. … Weiterlesen »

Okt
31

FG Münster: Managing director“s salary plus pension payments does not necessarily equal hidden profit distributions

FG Münster: Managing director“s salary plus pension payments does not necessarily equal hidden profit distributions Pension payments to a shareholder with a controlling stake who also draws a managing director“s salary do not necessarily constitute hidden profit distributions according to the Finanzgericht (FG) Münster, the Fiscal Court of Münster. If a shareholder draws an appropriate … Weiterlesen »

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