Tort Law — Established and Operating Business (eingerichteter und ausgeübter Gewerbebetrieb)

Date Citation Note
15.07.2005 BGH GSZ 1/04 Grand Senate GSZ 1/04 An unfounded threat of proceedings for infringement of a trade mark can be just as much an unlawful invasion of the victims right to an established and operative business as an unjustified threat based on any other intellectual property right and likewise give rise to damages.
13.10.1998 BGH NJW 1999, 279 VI. Civil Senate (VI ZR 357/97) Statement affecting the business or credit of others (whether/when actionable)
§ 823 BGB
26.10.1951 BGHZ 3, 270 I. Civil Senate (I ZR 8/51) = NJW 1952, 660 = JZ 1952, 227 Article in church magazine criticising morality of claimant's journal Publisher subsequently declared approval Comment not fact for purposes of § 824, § 14 UWG and §§186 and 187 StGB Fault normally needed for publisher's liability, but injunction against publisher possible without fault under § 1004 Direct interference with right to an established and active business under § 823 I, unless objectively necessary to protect legally approved interest Innocent mistake about need for severity of attack excludes damages but not injunction
§§ 823 I, 824, 826, 1004 BGB
§§ 1, 14 UnlWG
§§ 11, 20 PresseG
§ 193 StGB
19.12.1918 RGZ 94, 248 VI. Civil Senate (VI 279/18) = JW 1919, 247 Defendants' threat of action against shops on basis of registered design right claimed in respect of claimant's socks; orders cancelled Attack on established and operating business protected by § 823 I Registration of design rights only guarantee of formal (as opposed to material) prerequisites Failure to examine entitlement to rights continually and carefully was negligence
§ 823 I BGB
§§ 4, 19 ff. PatG
§§ 1-3 GebrMG
27.02.1904 RGZ 58, 24 IV. Civil Senate (I 418/03) Defendant's threat of action for copying registered design for jute pile Claimant ceased manufacture and defendant commenced prosecution Claim for economic loss for negligent encroachments on actually established and operating business under § 823 I No infringement of property right nor of right to freedom or § 826 unless conscious of legal invalidity of registration Claimant's knowledge might be contributory negligence
§ 823 I BGB