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In the so called 'dispute over the bear' Lint has obtained full satisfaction before the Supreme Regional Court (reference number 6 U 230/12). Lint and Haribo have disagreed over the copyright over the trademark ' Goldbaeren'.

The Regional Court Hamburg (in a ruling from October 25, 2013, reference number 315 O 449/12, not yet final) noticed that two clauses of the terms and conditions of the producer SAP are anticompetitive. A company that used to buy software and to resell it has brought legal proceedings against SAP.

The German Supreme Court decided (in a ruling from May 16, 2013, reference number I ZR 216/11) that the online auction site is liable for the copyright infringement committed by an auctioneer.

The German Supreme Court (in a ruling from September 12, 2013, reference number I ZR 208/12) decided that due to the 'tell a friend functionality' on a company's website the email sent to any third party is to consider a unsolicited commercial email (§ 7 paragraph 2, number 3 UWG).

The Higher Regional Court Munich (OLG Muenchen) overturned in a judgment of October 24, 2013 the applicant's appeal to prevent Amazon to sell a certain work due to copyright infringement. The decision made by the OLG is in line with what recently decided the BGH regarding the liability of review portals and online-forum.

The Local Court Celle decided in the ruling of January 30, 2013 (reference number 14 C 1162/12) that an internet provider in case of false information about an IP address is liable for damage. The right holder, in a case of file sharing, asked the internet provider to reveal name and address of the owner of the connection.

The Federal Court of Justice decided (in ruling from September, 25 2013 reference number 10 AZR 270/12) that an employee is obliged to use a signature card if it is required to perform work. The defendant must, in conjunction with his operating activities, issue invitation to tender.

The Federal Supreme Court decided that it is possible to commercialize used software licenses (in a ruling from July 18, 2013, reference number I ZR 129/08). Thus the BGH follows the EuGH (see the ruling made on July 7, 2012, Rs. C-128/11).


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