Robert Golz, LL.M.

In the dispute between influencers Shurjoka and Tobias Huch, the Higher Regional Court of Frankfurt has ruled that not every public dispute is a case for competition law. While defamatory statements of fact were prohibited, the court allowed polemical statements of opinion such as "Hatefluencerin".

The Munich Regional Court partially ruled in favour of Arne Schönbohm in the legal dispute against ZDF. Four out of five statements from a ZDF Magazin Royal programme were classified as inadmissible factual claims and their dissemination was prohibited. However, Schönbohm did not receive any monetary compensation.

Oliver Pocher to cease and desist from publishing and distributing film sequences showing Boris Becker due to a violation of his right to his own likeness in accordance with Section 22 KUG.

Wenn die Werbung für ein Produkt lauterkeitsrechtlich verboten wurde, muss der Schuldner das Werbematerials entfernen lassen.

Copyright in the metaverse concerns both the protection of content from platform operators and user-generated content. Copyright protection extends to software and programming interfaces, while animated user interfaces are often not protected. Both avatars and NFTs can enjoy copyright protection. Acts of exploitation such as reproduction and communication to the public play an important role in the metaverse.

The Higher Regional Court of Hamm has upheld a ruling by the Regional Court of Bochum that aerial photographs taken by drones are not covered by the freedom of panorama under Section 59 UrhG. At the same time, however, the OLG also allowed an appeal to the BGH for a final clarification of the issue.

In the legal dispute between Sony and Datel, the BGH referred two questions to the ECJ on 23. February 2023 for a preliminary ruling in order to clarify the legal situation of the permissibility of the distribution of cheat software under EU copyright law.