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Searching Content indexed under Litigation, Mediation & Arbitration by Mayer Brown ordered by Published Date Descending.
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New Collective Redress For Consumers? German Legislation Enabling Model Declaratory Actions On Behalf Of Consumers In Force
On 1 November 2018, a new legislation enabling model declaratory actions on behalf of consumers against companies came into force.
Germany
7 Nov 2018
2
Insolvency Avoidance Of The Transfer Of A Lease Agreement
The Federal Court of Justice had to decide on the insolvency avoidance of the transfer of a lease agreement to an affiliated company of the debtor.
Germany
6 Jul 2018
3
New Arbitration Rules Of The German Institution Of Arbitration
On 1 March 2018, new arbitration rules of the German Institution of Arbitration will come into force.
Germany
19 Feb 2018
4
UPC: German Ratification Postponed Due To A Request By The German Federal Constitutional Court
The president's signing is the last step required for a law to come into force after it has already passed both legislative chambers in Germany.
Germany
21 Jun 2017
5
Former Mayor Of Berlin Suffers Painful Defeat Over The Publication Of Alleged Partying Pictures In German Magazine
The former governing mayor of Berlin, Klaus Wowereit, a member of the German Social Democratic Party, SPD, has suffered a legal defeat in his year-plus battle with the German publishing house Axel Springer.
Germany
5 Oct 2016
6
German Federal Court of Justice Rules on Patent Infringement Under the Doctrine of Equivalents
On 14 June 2016, the German Federal Court of Justice (X ZR 29/15 "Pemetrexed") confirmed prior decisions in which it held that patent infringement under the doctrine of equivalents can, in principle, not be assumed, ..
Germany
30 Aug 2016
7
Led Zeppelin Prevails In US Copyright Case Over Their Iconic Ballad "Stairway To Heaven"
On 23 June 2016, a US federal jury concluded that Led Zeppelin's Jimmy Page and Robert Plant did not copy the opening guitar riff in "Stairway to Heaven" from the song "Taurus," an earlier tune by US rock band Spirit.
United States
29 Jun 2016
8
German Federal Constitutional Court: The Use of Samples in Music May Justify Interference with Copyrights (and Copyright-Related Rights)
In 2013, several artists and music production companies filed a constitutional complaint with the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) against two Federal Court of Justice that held that the sampling of a two-second sequence of rhythms was not admissible under the German Copyright Act (UrhG).
Germany
8 Jun 2016
9
CJEU Advocate General: Retailers Offering Free Wi-Fi Not Liable for Patrons' Copyright Infringements
In a dispute between the operator of a public Wi-Fi network and Sony Music over the download of copyright-protected music ..
Germany
11 Apr 2016
10
Kostenerstattungsanspruch Trotz Unterbliebener Abmahnung
Trotz unterbliebener Abmahnung steht dem Gläubiger des Unterlassungsanspruches somit in diesem Fall deshalb ein Kostenerstattungsanspruch zu.
Germany
4 Jan 2016
11
The Copyright Holder's Exclusive Right To Distribute Its Work To The Public Includes The Right To Advertise The Original Or Any Copy Of That Work
It is sufficient that the advertisement invites consumers in Germany in which that work enjoys copyright protection to purchase it.
Germany
20 Nov 2015
12
Likelihood Of Confusion In The Case Of Wordmarks That Use Identical Letters, Albeit In A Different Order – IPS/ISP
The relevant factors to be considered in the assessment of similarity between two marks are phonetic similarity, graphic similarity and similarity in meaning.
Germany
21 Sep 2015
13
Food Plating And Copyright – Can Instagramming Your Meal Be Construed As Copyright Infringement?
Taking pictures of food and sharing them online through social media has become a new cultural phenomenon.
Germany
11 Sep 2015
14
Disclosure Requirement On Profit Margins And Commissions
The disclosure requirement on banks’ remuneration in the sales of securities is the subject of numerous, sometimes contradictory decisions of German courts.
Germany
5 Dec 2012
15
Safe Harbor: More Stringent Requirements for the Transfer
When German companies transfer personal data to companies outside the EU then they have to fulfill the stringent requirements of the Federal Data Protection Act.
Germany
23 Jun 2010
16
The Compliance Officer’s Function within a Company – The Federal Supreme Court decides on compliance officers’ criminal liability regarding violation of their duties and challenges the compliance organizations within the companies
In a current decision (BGH 5 StR 394/08) the Federal Supreme Court ("Bundesgerichtshof", "BGH") has taken a stance regarding a compliance officer’s responsibility within a company.
Germany
7 Jan 2010
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