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Michael Rainer - Profile

 (81 news)

Ongoing written competition law damage warnings by a lawful third party

Due to gradually escalating product along with the trademark infringements, defense against intellectual property infringement is more essential than before

By: Michael Rainer | Category: Law | 2012/12/09

The european court of justice ecj allows resale of software licences

The European Court of Justice (ECJ) has decided that resale of licences for second hand software is in general possible.

By: Michael Rainer | Category: Law | 2012/12/08

A company with limited liability can be liable for a small business with similar name

Limited liability companies might be liable for poor investment counseling through a business with the exact same title.

By: Michael Rainer | Category: Law | 2012/12/06

Copartners may be excluded from limited partnerships

* By judgment of 21.06.2011 AZ: II ZR 262/09 the German Federal Court of Justice (BGH) decided concerning the exclusion of a co-partner from a limited partnership.

By: Michael Rainer | Category: Law | 2012/12/05

Bequeathers tax obligations on the year of death in their quality as deductible bequest liabiliti

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor

By: Michael Rainer | Category: Law | 2012/12/04

Corporate debts of a limited companys director

According to a recent judgment of the German Federal Supreme Court (BGH, II Reference Number 243/11 of the 19.06.2012), the director of a limited company

By: Michael Rainer | Category: Law | 2012/11/30

The corporate successor liability

As per § 25 l of the German Commercial Code (HGB), no corporate successor liabilities are imposed upon the buying successor if the latter is a mere continuation of the predecessor’s corporation name

By: Michael Rainer | Category: Law | 2012/11/29

Repeatedly issued competition law damage warnings through lawful third parties

Due to expanding product and the copyright law infringements, safety measures are more important than ever before

By: Michael Rainer | Category: Law | 2012/11/28

Considering community trademark prioritization time frame importance is not necessary

* In case the priority regarding a community trademark over a national trade mark is in debate, then the day of registration is applicable and not the particular time

By: Michael Rainer | Category: Law | 2012/11/20

At the end of the year bequest promises expire by means of constraints over the inheritance reform

Inheritance claims may end at the close of the year, as a result of legislation alternation in obedience with the inheritance reform.

By: Michael Rainer | Category: Law | 2012/11/18

The time does not matter with regards to community trademark prioritization

If for example, the main priority of a community trademark over a national trade mark is in question

By: Michael Rainer | Category: Law | 2012/11/15

Substandard planning as a result of the manager of a limited liability company

As is documented in a recent decision by the ruling of the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012)

By: Michael Rainer | Category: Law | 2012/11/15

Lawful third parties issuing ongoing written warnings

The reiterated warning, in line with the ruling of the Higher Court of Oldenburg (Oberlandesgericht), can be necessary and justified.

By: Michael Rainer | Category: Law | 2012/11/13

Succession cases with foreign elements

Intestacy cases can often be governed by the German as well as the foreign succession laws which can complicate the implementation of the inheritors’ rights and claims

By: Michael Rainer | Category: Law | 2012/11/01

Federal court of finance clarifies that income tax for the year of passing of departed is deductible

The decision of the German Federal Finance Court (BFH) dated 07/04/2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the passed-on individual is tax deductible.

By: Michael Rainer | Category: Law | 2012/10/31

No time significance with regards to community trademark prioritization

Whenever the priority of a community trademark over a nationwide trademark is in doubt, then the day of registration is pertinent and never the exact time

By: Michael Rainer | Category: Law | 2012/10/27

Regulation of fees for trade representative contracts

* Contractual commission regulations of trade agents can be void if they are contradictory

By: Michael Rainer | Category: Law | 2012/10/26

Limited partnership can exclude a copartner

The adoption of resolutions by the other partners is necessary to evoke the exclusion of a co-partner from a limited partnership, along with the explanation to the co-partner.

By: Michael Rainer | Category: Law | 2012/10/22

Income tax for year of death of the deceased deductible according to federal court of finance

The verdict of the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) strongly portrayed the point in which the income tax debt for the death year of the departed is actually tax deductible.

By: Michael Rainer | Category: Law | 2012/10/19

Distribution of pictures cannot be prohibited by publishers

* By grant of exclusive rights in favor of a publishing company, a photographer does not lose, in all cases, the right of use for individual photos of a series.

By: Michael Rainer | Category: Law | 2012/10/16

No time relevance when it comes to community trademark prioritization

As soon as the principal interest of a typical community trademark over a federal trademark is questioned, then the day of registration is relevant and not the exact time.

By: Michael Rainer | Category: Law | 2012/10/13

Imitation protection of internet sites by copyright law

The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation.

By: Michael Rainer | Category: Law | 2012/10/11

Federal court of finance decides that income tax for the year of death of the departed is deductible

The decision from the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the departed is tax deductible.

By: Michael Rainer | Category: Law | 2012/10/11

Copartner of a limited partnership can be excluded

Along with the explanation to the co-partner, it requires the adoption of resolutions by the other partners to evoke the exclusion of a co-partner from a limited partnership.

By: Michael Rainer | Category: Law | 2012/10/09

Time consideration is irrelevant for community trademark prioritization

Where the priority of the community trademark over a national trademark is in debate, then the day of registration is pertinent and not the exact time.

By: Michael Rainer | Category: Law | 2012/10/08

Federal court of finance states that income tax for the death year of the passed can be deductible

The verdict of the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) strongly portrayed the fact that the income tax debt for the death year of the departed is actually tax deductible.

By: Michael Rainer | Category: Law | 2012/10/02

Faulty organization by a manager of a limited liability company

According to a recent judgment by the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012)

By: Michael Rainer | Category: Law | 2012/10/01

Manage your accounts receivable in germany

Default customers are quite often a factor behind company insolvency, according to statistics.

By: Michael Rainer | Category: Law | 2012/09/25

No time relevance for the purpose of local area trademark prioritization

In the event that the principal interest of any community trademark more than a federal trademark is in question, then the day of registration is relevant but not the exact time.

By: Michael Rainer | Category: Law | 2012/09/21

Issuing of law injury warnings through lawful third parties

In certain cases it can happen that multiple written warnings about copyright infringements are issued.

By: Michael Rainer | Category: Law | 2012/09/21


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