KG Berlin: Misleading advertising featuring “best price” claims

Caution is advised in relation to “best price” advertising claims. These may give a misleading impression of occupying a leading position in the market and violate competition law.

ECJ: Copyright protection for designs only possible to a limited extent

Although a pair of jeans may fit perfectly and look good to boot, this does not in and of itself confer copyright protection. That was the verdict of the ECJ in a ruling from September 12, 2019 (Az.: C-683/17).

OLG Stuttgart: Damages due to truck cartel

The OLG Stuttgart, Stuttgart’s Higher Regional Court, has ruled in connection with what has become known as the “truck cartel” that an aggrieved buyer is in principle entitled to claim damages from Daimler AG (Az.: 2 U 101/18).

International law – From drafting contracts to conducting litigation

International law is no longer confined to regulating relations between states. Today, it also plays an increasingly important role in business and private law.

OLG Düsseldorf – Commercial agent must be main occupation to be entitled to an indemnity

Commercial agents are entitled to an indemnity following termination of the contractual relationship. As a prerequisite, however, their work for the company as a commercial agent must have been their main occupation.

Sale of real estate – No exclusion of liability if defects fraudulently concealed

A seller of real estate who fraudulently conceals defects cannot invoke a contractually agreed disclaimer of warranties. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt (Az. 29 U 183/17).

BGH on contesting repayment of a shareholder loan in insolvency proceedings

Repayment of a shareholder loan can potentially be contested by the insolvency administrator even if the amount circuitously ends up in the company’s account again.

Revision clauses in joint wills

A joint will in which both parties mutually appoint each other as sole heir is popular among spouses. However, they need to be mindful of its strong binding effect.

Failed capital investment – Compensation for flawed investment advice

A lot of investors have experienced a crash landing when it comes to their financial investments. If the bank gave flawed investment advice, it is possible to assert claims for damages.

ECJ: Stringent requirements for registering a color mark as an EU trademark

A beverage manufacturer had a combination of colors registered as an EU trademark. In a ruling from July 29, 2019, the ECJ confirmed that the mark is null and void (Az.: C-124/18 P).