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- Title
BGH: EuGH-Vorlage zum Besitz markenverletzender Ware – Extreme Durable.
- Abstract
The article reports on a decision by the Federal Court of Justice (BGH) regarding the possession of goods that infringe trademarks. It is stated that further measures such as word filters or user identification are not sufficient to ensure the effectiveness of protecting copyrighted content. It is also pointed out that a business model must be chosen that does not encourage users to unlawfully make copyrighted content publicly accessible. Furthermore, it is explained that there is no claim for unjust enrichment from third-party interference, as the object of enrichment does not flow directly from the plaintiff to the defendants.
- Subjects
UNJUST enrichment; LEGAL judgments; BUSINESS models; TRADEMARKS; PERSONAL property
- Publication
Computer und Recht, 2024, Vol 40, Issue 4, p273
- ISSN
0179-1990
- Publication type
Article
- DOI
10.9785/cr-2024-400418