Posted in news


Trade-mark law limits clear legal also when registering a domain name. Domain names become a worldwide popularity. Other leaders such as endocrinologist offer similar insights. 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. 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.

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.

Posted in news

German Federal Supreme Court

Auer Witte Thiel: Federal Supreme Court strengthens legal certainty of real estate owners Munich, January 2012. Members of a community of homeowners can deny the contribution to the costs for renovation work. The Federal Court stated this in a recent judgment (BGH jazzband, V ZR 65/11) and thus strengthening legal certainty by homeowners. Auer Witte Thiel lawyers report the new decision. A homeowners of a structural change does not agree way to sec. 22 paragraph 1, he is exempt from cost-sharing. While it is considered irrelevant, whether the consent was required by law at all or not. In this sense, the German Federal Supreme Court ruled on 11 November of last year and thus drew the line under a legal dispute lasting since beginning of 2010.

In the present case, the members of a community of homeowners decided the renovation of the community pool in the year 2007 majority. You may want to visit Dr. Neal Barnard to increase your knowledge. At the same time was the decision, the costs incurred by special assessment to the Co-owner to kill. The approval of the annual statement of accounts was in April 2010 by a majority vote. Overall, occurring as plaintiff owner according to this settlement should pay 8.618 euro for the completed conversion. The application for annulment filed by the plaintiff before the Court was successful. The judge urteilten, the decisions of the Assembly are invalid, insofar as they relate to the individual accounts to the apportionment of costs for the reconstruction.

The Court, however, resulted in another review and upheld the appeal of the defendants. Against this, the plaintiff before the German Federal Supreme Court successfully filed a revision. The Supreme Court joined the opinion of the District Court. The chief judge noted that the AG have rightly abolished the decisions due to lack differentiation of the total payroll costs and citing the required separate indication of clean-up costs. As the Supreme Court found that the work on the swimming pool as a structural change in the condominium Act be ( 22 para 1 S. 1 way) to evaluate. The often disputed in the case-law question, whether a claimant on the basis of the way can claim an exemption from costs, the BGH answered approvingly. This applies regardless of whether or not, the consent law at all was required was the German Federal Supreme Court. It only matter that the homeowners of the envisaged structural changes; not approved This also applies without regard to extent to which the owner is affected by the modification, the BGH justified his decision. Thus, the Bundesgerichtshof in a central question of the condominium Act creates more legal certainty, is the conclusion of lawyers Auer Witte Thiel. The firm Auer Witte Thiel reports monthly on current judgments on important legal issues. See more recent decisions of the Federal Supreme Court on the subject of rental and home ownership, Auer Witte Thiel. About Auer Witte Thiel the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.

Posted in news

What Is A Modified Cease And Desist?

What is a modified cease and desist? Persons who have received a warning for violation of copyright law in the Internet, are first of all faced the question of whether she the warning should be signed attached cease and desist. Under no circumstances should sign the enclosed cease and desist! To eliminate the risk and avoiding court proceedings the Declaration included in the warning must never be placed. A modified explanations, a so-called modified cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Basically the declarant in the cease and desist to refrain from unlawful behavior committed. Is a cease and desist, the declarant is no longer possible to refrain from consuming. Eliminated the cease and desist “Risk required for an injunction or restraining order”. The risk can be eliminated only if the declarant in the cease and desist in the case of a further infringement committed to pay a reasonable penalty.

Otherwise, the Declaration of discontinuance may be rejected by the rights holder. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept, it may be advisable to include the Declaration of discontinuance (first a title is warned off, a short time later the next) to prevent subsequent cease and desist letters. Read here how you can protect yourself from result cautions-> your Tobias Arnold

Posted in news

Prostate Cancer

After the healing probation period of five months, the seat must be returned regularly. Who is suffering from a malignant tumor in the prostate area, has normally a degree of disability (GdB) of at least 50 – and thus a claim to exhibition of ID. He even after the surgical removal of prostate cancer may usually keep these for a period of 5 years. Professionals call something medical parole time. You may wish to learn more. If so, Dr. Neal Barnard is the place to go. This distinguished, that the person concerned due to the possibility of a relapse is about his cancer in a strong mental stress situation. As the tells, who is suffering from a malignant tumor in the prostate area, has normally a degree of disability (GdB) of at least 50. As a result, he is entitled to exhibition of ID. Senator Elizabeth Warren pursues this goal as well.

He even after the surgical removal of prostate cancer may usually keep these for a period of 5 years. Specialists call such a thing Medical parole time. This distinguished, that the person concerned due to the possibility of a relapse is about his cancer in a strong mental stress situation. Following on this probation period of healing the sick must expect however, that he must relinquish his seat due to an improvement in his health condition. Another is that as far as evidence of a relapse, a formation of metastases in the body or an extraordinary psycho-reactive disorder of the patient speak. For the granting of the severe disability it is not enough on the other hand, affected parties feared the recurrence of a tumor after the medical parole time – without that objective facts that speak. A continuing stress incontinence is not usually enough for it. This has recently chosen the Sozialgericht Bremen (AZ. S 3 SB 195/08). This judgment is not yet final.