We are always on the move for you and always keep you up to date. We attach great importance to clear communication and comprehensive information for our clients. In all our projects, you and your project are always at the centre.
Protection of general terms and conditions, product descriptions and graphics under competition law:
It is now common knowledge that legal action can be taken under copyright law against third parties who use or exploit works of literature, sound art, visual arts or cinematography without authorisation.
However, companies are often confronted with the fact that work results that are not works within the meaning of copyright law or where it is questionable whether they are such works (such as general terms and conditions, product descriptions or technical graphics) are used by competitors to advertise or sell competing products or services. In these cases, there is usually no copyright protection due to the lack of work quality.
In such cases, however, the adoption of work results that are not protected by copyright may be prohibited under competition law, as according to case law this may constitute ‘parasitic exploitation’ in violation of competition law (RIS-Justiz RS0078341). The Supreme Court has affirmed this, for example, in the case of an outright adoption of general terms and conditions by a competitor (Supreme Court 4 Ob 166/19v).
In our opinion, these principles also apply to product graphics and product descriptions.
Even if the adopted work results are used by competitors from other EU countries, the injunction against further use can regularly be enforced before Austrian courts if the work results are used on a website that can be accessed in Austria (see OGH 4 Ob 181/18y).
On this basis, Grassner Rechtsanwalts GmbH has already been able to successfully enforce the discontinuation of the further use of adopted product graphics and product descriptions for clients and will be happy to advise you in connection with the use of your general terms and conditions, product descriptions or graphics by other companies.
Property development project in Vienna, 4. Wieden
Things are moving forward! We are pleased to announce that the shell and the roof of the property development project in the 4th district in Vienna, which we accompanied as trustee according to BTVG, have been successfully completed. Now it is the turn of the raw installations. To be continued...
Property development project in Linz
Completion of the shell constraction and roof as well as the installations of 18 apartments at the foot of the Froschberg, whose sale according to BTVG we accompany as trustee. Next step: facade and windows including glazing. See you soon!
Asset deal in the catering wholesale business
We are pleased together with our client about the successful sale of its food wholesaler, which has existed in Upper Austria for more than 100 years!
In a process lasting several months, we accompanied the sale of one of the large gastronomy wholesalers based in Upper Austria to a trading company operating throughout Austria. The acquisition was already approved in autumn 2021. With the closing that took place in June, the c+c wholesale market with its 40 employees, annual turnover of around € 10 million and its range of over 15,000 articles will now be integrated into the trading company of the buyer.
Property development project in Vienna
We have the pleasure of supporting a recently launched property development project in a prime inner city location. In the heart of Vienna's 4th district, 39 modern and elegant flats are being built, which we are overseeing as legal advisor and trustee.
Safe landing for ground handling at Vienna International Airport
After the granting of the licence for the provision of ground handling services (e.g. baggage handling, apron services) to an international ground handling service provider was contested by competitors, we were able to successfully obtain the maintenance of the - now legally binding - licence for our client in proceedings before the Federal Administrative Court that took more than two years.
Property development project in Linz (Upper Austria)
Kick-off for a new property development project with 35 new flats, arranged in 4 city villas at the foot of the Pöstlingberg. We are pleased to support this project in its realisation as legal advisor and trustee.
Property development project in Traun (Upper Austria)
We are pleased to be able to support a new property development project with 18 new flats in the heart of the city of Traun as legal advisor and trustee from autumn 2021 onwards.
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