Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)  | Julia Ziegeler, Attorney-at-law  | Attorney Umberg, LL.M., M.A.  | Lisa Schwerdt, Attorney-at-law  | Ansgar Kluge, Attorney-at-law  | Andree Eckhard, Patent Attorney  | Katharina Gitmann, Lawyer  | Karoline Behrend, Lawyer  | Johanna Müller, Patent Attorney

horak.
Attorneys at law

Overview   Practice   IP Law   Patent Law   Trademark Law   Law Office   Trademark Application   Patent filer   Sample Texts   German Acts   Court Rulings   Contact   Imprint   Links 
ip attorney germany lawyer attorney law office germany german law european law patent law design law trademark law copyright law german law ip specialist media law music law film law event law entertainment law contracts license agreement draft contract under german law  hannover prosecution infringement patent trade name copyright reseller contract attorney patent law  utility model law unfair competition law anti trust lawyer
file trdaemark application patent application design application lawyer patent trademark attorney trademark searches similiarity search opposition file an infingement suit germany german attorney ip specialist copyright specialist food law plant law patent lawyer domain law internet law it law computer law

patents-trademarks-copyright-europe law lawyer german law german lawyer german attorney trade mark law patent law utility model law design law

ip-lawyer it lawyer attorney for patents trade specialist ip attorney  marks germany european lawyer trademark european community mark ct ect law europen patent office germany representation

ohim euipo representative german patent office munich lawyer germany ip attorney patent lawyer trademark lawyer patent attorney german patent attorney epo eurpean patent office reprsentation law firm european patent german patent austrian patent office intellectual property design lawyer copyright law trademark law patent attorney trademark attorney design attorney

... Start ... Overview ... Court Rulings ... Computer Law ... BGH-Maxem

The judgement of the German Supreme Court of 26th June 2003 – Docket No.: I ZR 296/00 – “maxem.de”

The 1st Civil Division of the German Supreme Court ruled that the bearer of a legal name can demand that a third party who uses the same name as a nickname for his internet representation relinquishes using this name as an internet address. This judgement is based on the following findings of fact:

The plaintiff is an attorney-at-law whose legal name is Werner Maxem. The defendant has been using “Maxem” as a nickname for the network – especially internet – communication since 1990/91. He compiled his alias name from the first letters of the given names of his grandfather, his father and his own given name (Max, Erhardt, Matthias). The defendant has been running his home page at “www.maxem.de”.

The plaintiff wants to present himself and his law office in the internet at “www.maxem.de”. His claim seeking to prohibit the defendant from using the name Maxem as an e-mail address or for a home page, was dismissed by the Regional Court and the Regional Appeal Court in Cologne. The following two grounds were decisive for the ruling: The use of the name Maxem by the defendant does not constitute an unauthorised use of a name, since it neither causes confusion nor irritation due to the impossibility of allocating the name. Furthermore, by using the name Maxem as an alias name, the defendant has acquired rights to the name, which justify his use of it.

The German Supreme Court overruled the judgements of the Regional Court and of the Regional Appeal Court in Cologne and sustained the claim by forbidding the defendant to use the domain name “maxem.de”. The Court held that the use of another person’s name as an internet address is unauthorised. Each bearer of the name Maxem could demand the relinquishment of using the name. The Court denied that the defendant had any rights to the alias name Maxem. It is true that the naming law provides protection also to those who use a pseudonym. A prerequisite for such protection, however, is that the bearer of an assumed name is known under this name, i.e. that he has achieved broad recognition under this name. The plaintiff’s right to use a name is not infringed by any use of his name, but by the registration of the domain-name “maxem.de”, because this makes it impossible for the plaintiff to use his name as a domain name. The defendant is at the liberty to continue to use his alias name or his nickname for the purpose of private communication in the internet, since this does not affect any of the plaintiff’s rights worthy of protection.

© 1998-2017 IP Attorney at law Michael Horak, LL.M, Certified IP Law Specialist

ip-attorney-ip-lawyer german law german lawyer patent law patent application file patent lawyer print trademark-law-patent-domain-design-utility-model-europe design law eu design community design law design right international design save law-of-technics-multi-media-law-german-business-lawyerback european-trademark-protection-german-trademarks-european-lawenquiry