Internet Law

Internet Law and Domain Law

In the field of new media, numerous legal questions arise, which are often only partially understood in their significance and interplay.

Many questions revolve around domain protection (especially choice and legal defense). The case law here is closely oriented to trademark law principles. However, the so-called first-come-first-served principle also applies here. First come, first served. This sometimes significantly limits the possibilities of demanding a term from the current owner. Therefore, especially when liberating domains, in the “dispute” over domains, competent advice is needed on whether there are any legal possibilities to demand the domain with a prospect of success.

For the “liberation” of EU domains, the so-called ADR procedure before a specially created arbitration court based in the Czech Republic is available. Without the help of an experienced lawyer, preferably a specialist lawyer for intellectual property rights, many participants fail on both sides of the procedure.

Distance Selling

Of great importance in the area of internet sales are the distance selling regulations. In addition, the following are legally and factually important: Questions of correct, i.e., permissible advertising on the internet and the examination of which national legal system is applicable for the assessment of the aforementioned questions: issues that can hardly be resolved without competent advice. In many forums, you often find only half-truths up to misinformation. This can quickly become expensive, especially because warnings are not uncommon in the internet sector – the traceability and provability of legal violations is very easy for warning associations and competitors.

How complex the questions raised around distance selling are is also shown by the fact that even the Federal Ministry of Economics (BMWi) had to change the withdrawal instruction it had drafted itself, as published as an appendix to the BGB-InfoV, several times, as the Federal Court of Justice (BGH) had considered the old draft of a withdrawal instruction to be insufficient or erroneous, when the BMWi wanted to act precisely in execution of the statutory regulations it had drafted.

We advise before the commencement of activities, but also for ongoing questions that arise in distance selling transactions. Here, particular attention must be paid to the right of withdrawal and other information obligations, but also to the ordering process, information obligations, and data protection.

Since warning associations and competitors like to focus especially on withdrawal declarations, careful design is urgently required. Even adaptation to one’s own needs usually requires legal advice, even after the publication of new versions as an appendix to the EGBGB.

The personal consultations usually take place at the main office in Frankfurt am Main.

The nationwide consultation is mostly done via e-mail, fax, telephone or with video conferences via providers such as Skype, Teams, Zoom and many other providers, e.g., Jitsi, WhatsApp video chats, etc.