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‘Situation of Extreme Danger’: German Constitutional Court Deems ‘COVID-19 Emergency Brake’ Lawful

The contact and curfew restrictions during the third Coronavirus wave in spring 2021 were consistent with Germany’s Constitution. The first reasoned decision of the Federal Constitutional Court on Coronavirus restrictions...more

"Totally Bananas": Court decision brings respite for influencers

Influencers are allowed to breathe easy. After a decision of the court of Berlin from the January 8, 2019, not all posts with company linking must be marked as advertising. If the influencer does not receive anything in...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den...more

International Investor Sentiment Toward Brexit - Views From Major Tech And Financial Centers

Amid the uncertainty Brexit has created, foreign investors are assessing their existing and prospective investments in the UK, with particular focus on Brexit’s potential impact on EU-UK trade and labor mobility. No one has a...more

Whitelisting Violates German Unfair Competition Act

On 24 June 2016, the long-awaited decision on ad blocking software was adopted by the Higher Regional Court of Cologne (6 U 149/15 – Axel Springer./.Eyeo). This is the first decision on the subject matter taken by an...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Landmark Decision of German Federal Court of Justice on Blocking of Copyright-infringing Websites

On 26 November 2015, the German Federal Court of Justice ruled that Internet access providers (IAP) can be liable for copyright infringements on third parties’ websites and can thus be ordered to block access to such...more

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