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Action against the lessor of a stand in case of trademark infringement at the market place
14.12.2016In order to enforce intellectual property rights the member states of the European Union have to ensure, that a rightholder can also force an “intermediary” to take measures against the infringement of rights and to prevent renewed violations.
Read moreNew law to fight wage and social dumping - LSD-BG
14.12.2016In Austrian Federal Law Gazette I 44/2016 new provisions were introduced to fight wage and social dumping.
Read moreFind friends on Facebook
14.12.2016Invitation emails sent by Facebook to recipients, who are not members of this social network, must be qualified as unreasonable harassment in terms of § 7 (2) (3) of the German Fair Trade Practises Act (dUWG).
Read moreTermination of a fixed-term employment contract
14.12.2016A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended.
Read moreLiability of Amazon-retailers
14.12.2016The activity as a supplier on the Amazon trading platform represents a risk-increasing behaviour.
Read moreAcquisition of an overpayment in good faith
14.12.2016If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith.
Read moreResponsibility for postings on Facebook
14.12.2016The owner of a Facebook-account whose membership account has been used by a third party, is liable on the principles of the so-called „Halzband“-decision issued by the German Supreme Court (there, the wife of the accountholder had advertised a non-genuine piece of jewellery as “Cartier“ on eBay.
Read moreConsent to telephone and email advertisement
14.12.2016A consumer’s declaration of consent to telephone and e-mail advertising for the purpose of free participation in a competition is void, if this consent concerns a large number of companies.
Read moreDuplicate of a piece of furniture in a hotel
14.12.2016By setting up reproductions of copyrighted pieces of furniture in a publicly accessible hotel lobby, the originator’s right of distribution is not violated.
Read moreArbitration agreements with Indian parties
14.12.2016It is particularly difficult to achieve the enforcement of a foreign arbitral award in India, if the arbitration agreement has been concluded prior to the "Baltico-Judgement" of 07.09.2012.
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