Search results : 1507

In its judgement of 2 September 1999, the Oberlandsgericht Munich (Regional Court of Appeal - (OLG) fully endorsed the temporary injunction granted by the Landgericht Munich (District Court). The Landgericht (LG) had restrained the publishing house concerned from making use of a portrait of the plaintiff`s mother for commercial purposes, in particular for television advertising, inasmuch as this picture was not reproduced in the editorial section of the same issue of the newspaper being advertised. A general ban on the use of portraits in advertising, for which the plaintiff had petitioned, was...

In its decision of 23 September 1999, the Frankfurt Appeal Court ( Oberlandesgericht - OLG) rejected an appeal lodged by a private commercial television company against a ruling of the Frankfurt District Court ( Landgericht - LG). The District Court had refused to grant a temporary injunction against the sale of the so-called "television fairy" ( Fernsehfee). The defendant sells a television attachment ("television fairy") which automatically switches to a channel without advertisements whenever there is a commercial break. The appellant claimed that its own existence was threatened by this product,...

The European Court of Justice (ECJ) decided in a judgement announced at the end of October that the "Television without Frontiers" Directive 89/552/EEC in the 97/36/EC version of 30 June 1997 is to be so construed that the calculation of scheduled transmission times for given programmes is to include advertising featured (the grossed-up principle). Member States are nonetheless free to lay down stricter rules in this regard for broadcasters coming under their jurisdiction, while abiding by other relevant provisions of Community law. The case brought before the ECJ under an interlocutory application...

The Bayerische Landeszentrale für Neue Medien (Bavarian State Central Office for New Media - BLM) has banned the German sports channel DSF from broadcasting virtual advertising (see also IRIS 1999-4: 14). DSF risks being fined if it repeats the offence. During a football match shown on 10 August 1999, DSF broadcast, for the first time, virtual logos and products in the centre circle of the pitch and either side of each goal. The BLM claims that virtual advertising, i.e. the superimposing of electronic advertisements on a real picture, is incompatible with §7.3 of the current Rundfunkstaatsvertrag...

The new Law on Telecommunications passed on 30 June 1999 sets preconditions for the privatisation of the fixed telephone network until now owned by Hrvatske telekomunikacije (the Croatian TelecomHT ) and further facilitates full competition in this market starting on 1 January 2003. The new law thus implements the EC's Open Network Provisions. This also entails real competition in the market of Internet providers. The new law also establishes the Hrvatski zavod za telekomunikacije , (the Croatian Institute for Telecommunications, which is the state administrative organisation) as an independent...