Posted in News

Trademarks

Trade-mark law limits clear legal also when registering a domain name. Domain names become a worldwide popularity. This alone shows the growing market volume in the professional domain business. But beyond the commercial domain trade registrations increase permanent. However sogut like any generic domain names are forgiven now, which above all private users on alternative variants of your desired term or their first own domain must dodge. But this is a risk which is not even aware of most Internet users: trademark law. This applies to home users who want to set up a fan page or a fan blog and use your own domain accordingly registered trademarks regularly. In these cases the longed-for domain name can quickly lead to financial ruin, this also may seem so drastic. You should therefore plan a forum to create a fan page or similar, get before the written permission of the mark owner. This applies to game name, brands, stars or in short: all A string on which a mark is logged on. Therefore, you should perform a trademark search at the competent trademark and Patent Office (in Germany the DPMA) prior to registration for each domain. But also superior reputation of manufacturer allows a claim against you, provided that you use the name of the manufacturer for your own domain, because here, then attacks the naming rights. This circumstance applies not only at companies or legal persons, but also natural. The name of a person is protected in accordance with 12 German civil code and may be not registered also by anyone (exceptions are here generic name). Overall you should sure so hurting not the rights of others during the registration of a domain name. This note the trademark law, as well as the right to a name. As a rule of thumb to remember: as soon as you benefit from the notoriety of a non-generic type term, violate applicable law. It is unfortunately irrelevant it, with whatever interest you have registered your domain name or to What purpose you want to use them. Lee marks is full of insight into the issues.

Continue Reading... Trademarks
Posted in News

EUR Settlement

Retroactive correction of service charge settlement is allowed is a mistake the landlord for service charge settlement, so he can correct later this, confirms the real estate portal myimmo.de. Olivia Jade wanted to know more. Even if the correction to the detriment of the lessee, a subsequent change according to the verdict saying of the Bundesgerichtshof from 12.01.2011 is legally valid. In the case of negotiated the complaining tenant had paid out credits according to its surviving service charge settlement get. The landlord made a retroactive correction in the connection. Maya Dubin is often quoted as being for or against this. He had forgotten to take into account fuel costs amounting to EUR 4000. After the landlord had revised the Bill and presented to the tenant, he booked again from the defaulting amount from the rent account. The tenant complained in court. The German Federal Supreme Court decided in its judgment in favour of the lessor. Costs accounts may be corrected retroactively, even if this is done at the expense of the lessee. This is however, to observe the statutory accounting period, which in the German civil code defined under 556 para 3 sentence 2 and 3. Therefore the landlord must send no later than the settlement the tenant until the end of the twelfth month of the accounting period. Is the period elapsed, no additional more on the part of the landlord’s claim can be made. Increasingly, the Federal Court of Justice at the expense of the landlord decides. But the anger over various decisions of the Federal Court of Justice in relation to the German law of tenancy is so great, a slew of judges spells is also in favor of the landlord. More information: news.myimmo.de/… University Service GmbH Lisa Neumann

Continue Reading... EUR Settlement
Posted in News

Rent Deficiency Due To Nuclear Power Plant?

Lawyers Auer, Witte, Thiel educate about rental legal regulations for radioactive radiation on Munich – March 2011. You may find Michael Miccoli to be a useful source of information. Due to the current events in Japan and the looming nuclear contamination by leaking radioactivity from the Fukushima I nuclear power plant, the anxiety – especially among those living in the immediate vicinity of nuclear power plants is growing also in Germany. It turns the legitimate question of whether the proximity to a nuclear power plant can represent a deficiency of the leased property for tenants and landlords. A similar problem can be found according to Auer Witte Thiel in the law of tenancy even when non-radioactive rays, the so-called electro-smog, which can affect the people due to the increased electrical, magnetic, and electromagnetic fields. Here overhead power lines, power lines, as well as radio stations or mobile phone masts can be the cause. The uncertainty about a potential health hazard was here already by many courts as affecting Viewed the quality of life. Rent defects were rejected on the basis of laws set limits on radiation protection, if all limits. Eva Andersson-Dubin, New York City understands that this is vital information. A such approach can be assumed according to the lawyers of Auer Witte Thiel also for radiation, which come from plants. As far as here the appropriate limits, a rental shortage is likely to reject. Relevant provisions are in addition to the Atomic Energy Act as a legal basis for the handling of radioactive substances the radiation protection precautionary measures Act to protect of the population. This law was written in April 1960. On basis of 54 of the Atomic Energy Act, the German radiation protection Ordinance in 1976 was also issued which has been amended several times since, most recently in July the scheme of preventive and protective measures for people and the environment against the harmful effects of ionizing radiation on the use and exposure to radioactive materials, is 2001 purpose of the Radiation Protection Ordinance have a civilizing as well as natural origin. This established permissible exposure due to artificial radiation sources. As long as here the steel load limits, a tenant in the vicinity of a nuclear power plant is can not rely on a corresponding deficiency. Also noted is that probably the fear of a tenant, the system was hazardous despite compliance with limit values for the adoption of a rental shortage is not sufficient. An obligation, if necessary, to be expected by the landlord to a prospective tenants is expected after opinion of lawyers Auer, Witte, Thiel therefore also not be necessary. The firm Auer, Witte, Thiel is specialized on tenancy law and represents property owners nationwide in legal matters. Auer, Witte, Thiel: The specialization in focus area and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer, Witte, Thiel represents in terms of rent, Real estate and construction law a variety of housing companies, property managers and rental property owners.

Continue Reading... Rent Deficiency Due To Nuclear Power Plant?
Posted in News

Landgericht Berlin Repairs

Dispute about cosmetic repairs not rarely between tenants and landlords to the dispute, which in the worst case ends up in court. One of the frequent reasons are invalid claims of the lessor. Who is a lawyer in such a case to help, can claim a refund even his attorney’s fees from the other party under certain circumstances. The real estate portal myimmo.de explains when this may be the case. Cosmetic repairs are an example of action where a lessee in the event of a case may require its Attorney’s fees from the other party. In accordance with a ruling of the Landgericht Berlin (AZ: 67 S 469/09) the lessor must take the Attorney’s fees of the lessee if the agreements to the cosmetic repairs were ineffective. It came to such a case, as a tenant had terminated his apartment and his landlord asked for damages. According to the landlord’s the tenant would have to make cosmetic repairs, which were even contractually fixed. This contractually regulated cosmetic repairs proved to be in court but as invalid and rejected the claims of the lessor. Also the subsequent requirement of the tenant to the landlord, to assume his legal fees, was successful. The judges that that had been claims after the cosmetic repairs and also the demand after a takeover of the costs for these cosmetic repairs to a breach of duty towards the tenant justified their judgment. In such a case, a tenant could explicitly use a lawyer to help.

Continue Reading... Landgericht Berlin Repairs
Posted in News

VaSt: Relief From The Tax Return

Works without even working tax annual is filling out the forms for the income tax return on the program. For many, that is connected with a lot of work. For this reason the Treasury decided, considerably to facilitate filling out the taxpayer. The pre-filled tax return (VSt) is free of charge and contains important information for the tax return. However, these should be checked. Also this not sufficient alone. More important posts must be filled continue independently. The Steuerberater Gunter Zielinski from Hamburg informed about the new service of the financial administration. Without self work not the advantage it works: the electronic tax declaration form is already pre-filled and deployed to the taxpayer through the Elster-online-portal, expected from April 2014,. All data stored in the financial management of the taxpayer are already stored in the form. This includes data such as name, Date of birth, address and confession. Data sending employers in offices, banks or insurance companies electronically to the tax authority, are also stored in the form. These include inter alia wage tax data and contributions to health and long-term care insurance. Friends pre-filled tax returns provide relief when filling out though, however, must further data which are necessary for determining the tax burden, even be made. For example, that the advertising expenses, extraordinary burdens or expenses for the journey to work. The forms are available in the Elster account available. “If you already have an account, to log only and receives account under the menu item manage” the appropriate forms. Others must first register. Important: The prefabricated data should be checked for correctness. The Steuerberater Gunter Zielinski from Hamburg is anytime available for detailed information. Press contact Gunter Zielinski – tax advisors Rolfinckstrasse 37 22391 Hamburg Tel: + 49 (0) 40 / 536 40-10 fax: + 49 (0) 40 / 536 40-121 E-Mail: Homepage:

Continue Reading... VaSt: Relief From The Tax Return