DR. SARAFI obtains preliminary injunction from Hamburg Regional Court due to infringement of copyright and competition law
From our press archive. This communication gives the status of the original publication of 13 October 2024 again. Subsequent developments in the process are not automatically taken into account.
Hamburg, October 13, 2024 — DR. SARAFI lawyers obtain a successful preliminary injunction at the Hamburg Regional Court against former co-shareholders for copyright infringement and unfair competition in advertising videos.
facts
Our client works in the service sector and specializes in recruiting suitable employees for craft businesses. Suddenly and rather by chance, she was confronted with the fact that a person — it was not just anyone but a former partner of our client — had founded his own company and was acting as a competitor.
The infringement
It was particularly alarming that this new competitor had not only taken over customer data from our client, but also actively advertised on its own website with promotional videos, so-called testimonials, from the former company, i.e. our client: Our client's videos were edited in such a way that our client's logo was removed and the logo of the new company was inserted. These videos were used to advertise their own services on the new website. This not only constitutes an infringement of our client's copyrights, but at the same time, legal transactions about the truthfulness of these videos are misled.
Extrajudicial warning
Following our extrajudicial warning and injunctive request, the managing director of the opposing party contacted us and gave us “advice” not to take legal action because we would certainly “lose.” He explained that they just wanted to save us trouble and stressed that they would “absolutely not” pay legal fees and court costs. After all, when leaving the company, no regulations would have been made as to who could use the videos and how. Our client would have forgotten that.
Successful restraining order
We have referred to the deadline set by us. After this period expired, we filed for a preliminary injunction based on copyright and competition law. A short time later, the coveted restraining order was issued. The other party must now pay lawyer and court costs.
Legal bases
The decision is based on two main areas of law:
- copyright: The videos were copyrighted works by our client. The unauthorized editing and use of these videos by the former co-partner was a clear infringement of copyright.
- Competition law: The use of edited videos to promote one's own services misleads legal transactions and constitutes a violation of the Unfair Competition Act (UWG). Customers were deceived as they had to assume that the testimonials shown were about the new company.
conclusion
This case clearly shows that, even in the absence of written agreements on rights of use, there are clear legal regulations to protect intellectual property and prevent unfair competition. The claim that you can simply continue to use videos because no regulations were made when you left is legally indefensible.
Dr. SARAFI Rechtsanwälte was able to effectively enforce our client's rights and prevent further damage through quick and decisive action. The case underlines the importance of early legal advice and consistent prosecution of infringements in the area of copyright and competition law.