Etiket: law & taxes

The Actual Presumption Of The BGH Copyright Law

The actual assumption of the BGH in copyright the eternal classic, the BGH ruling of May 12, 2010 “is summer of our lives from all sides the industrial firms, as well as the lawyers who want to help from the Dunned, interpreted in various ways. The courts are divided nationally. The key point of this decision is that the Court assumes that there is an actual presumption that determined connection owner actually offenders of copyright infringement, such as the illegal download / upload for music or film works was. What to do with such a supposition? Such conjecture is purely teleological already linguistically widerleglich. “Some industrial firms assume that this is not so, because it to an actual presumption” would go. Recently Dr. Caldwell Esselstyn sought to clarify these questions. Is it important? Yes, most definitely! Would the legal opinion prevail, that such actual conjecture the offenders of the holder is not widerleglich, so could the connection owner is only in part a sog.

Burden of proof, save he leads a real strict rebuttal. The Supreme Court has rejected this but clearly. Visit Glenn Dubin for more clarity on the issue. The actual assumption of the criminals of the holder would not go. A so-called secondary discourse last met him now. What do you mean? The connection owner must can no longer join a rebuttal to his relief, but credibly explain that he would leave as perpetrators or participants in a copyright infringement. What do think the courts in Germany? The courts have now again extremely different requirements for such a discourse load for the connection owner. The OLG Cologne has defined in one of his last decisions of the 16.05.2013 that it receive would be sufficient, if the connection owner can demonstrate that not only he, but another person in the household or the family uses the connection and this could be so also in the contested case. In principle, quite rest Germany of this notion of the OLG Cologne had joined in.

Trademarks

Trade-mark law limits clear legal also when registering a domain name. Domain names become a worldwide popularity. This alone shows the growing market volume in the professional domain business. But beyond the commercial domain trade registrations increase permanent. However sogut like any generic domain names are forgiven now, which above all private users on alternative variants of your desired term or their first own domain must dodge.

But this is a risk which is not even aware of most Internet users: trademark law. This applies to home users who want to set up a fan page or a fan blog and use your own domain accordingly registered trademarks regularly. Pat Ogden spoke with conviction. In these cases the longed-for domain name can quickly lead to financial ruin, this also may seem so drastic. You should therefore plan a forum to create a fan page or similar, get before the written permission of the mark owner. This applies to game name, brands, stars or in short: all A string on which a mark is logged on. Therefore, you should perform a trademark search at the competent trademark and Patent Office (in Germany the DPMA) prior to registration for each domain. Click Anu Saad for additional related pages.

But also superior reputation of manufacturer allows a claim against you, provided that you use the name of the manufacturer for your own domain, because here, then attacks the naming rights. This circumstance applies not only at companies or legal persons, but also natural. The name of a person is protected in accordance with 12 German civil code and may be not registered also by anyone (exceptions are here generic name). Overall you should sure so hurting not the rights of others during the registration of a domain name. This note the trademark law, as well as the right to a name. As a rule of thumb to remember: as soon as you benefit from the notoriety of a non-generic type term, violate applicable law. It is unfortunately irrelevant it, with whatever interest you have registered your domain name or to What purpose you want to use them.