Cautions against Facebook pages
An unknown number of commercial operators of Facebook pages this week received unsolicited mail the lawyer Hans-Werner Kallert (firm HWK) from Maxhütte-Haidhof. In almost always identical warnings throws Kallert require the operators to conduct no imprint on their pages, thereby committing a breach of competition law over his client.
As evidence of the violation is the Abmahungen each with a screenshot of the offending Facebook page. These screenshots show, however, in the cases known to us not the whole page, but - as indicated by the horizontal and vertical scroll bars - only a detail. In forums give Abgemahnte also indicates that the screenshots does not allege how the warnings of 13 August, but some are already weeks old.
His client represents a "one IT system house with strong added functions," explained the lawyer Kallert Abgemahnten (mostly IT companies). Therefore, take this business in part on the same market and should be judged as a competitor within the meaning of the Act against Unfair Competition (UWG). With a missing imprint the Abgemahnte therefore procure an unfair competitive advantage.
When the client is the company Binary Services GmbH from Regenstauf. Their managing director Florian Blischke brought it in the recent past in the context of file-sharing warnings to some notoriety. His company "BHIP reliable netservices" researched for Massenabmahnkanzlei Urmann + colleagues after sharer who allegedly offered among other copyrighted porn movies in file sharing.
This led, in some cases seems to errors. Abiding citizens are reported to have been warned by Urmann + colleagues. This led even to the extent that the Higher Regional Court of Cologne harbored too much doubt as to the serious IP address identifying Blischkes BHIP reliable netservices: The court refused Urmann + colleagues one apart from this fact usual publishing decision of access owner data to IP addresses of alleged file sharers, "because not can be found that have been committed by those listed in the system IP addresses of rights violations. "
Florian Blischke just that now operates under the imprint with Marco Hahn, the IT system house Binary Services. We have asked for Blischke example projects that deal with his company. In response, he went to this question not occur. He confirmed that the warnings "reflects our mission to our lawyer" would. One of the screenshots he noticed an imprint that was to discover only by repeated scrolling was to assess as if none exists.
Thus plays Blischke on operators who have placed their provider identification as an entry in their timeline on the Facebook Page. This approach is controversial, in fact. Likewise, it is difficult to create an imprint on Facebook so that it can be easily seen on mobile devices. Attorney Lars Jaeschke has in an interview with heise resale already in January 2012 highlighted the lack of clarity in this regard and expressed fears that disputes over defective markings suppliers could increase on commercial Facebook pages.
The Abgemahnten of attorney Kallert have a period until 21 August 2012 received to return the declaration of pre-formulated and remit the Abmahngebühren of 265.70 euros. As dispute puts Kallert at 3000 euros. Was responsible for the defense lawyers advise caution already public, not the declaration of leave unmodified. In the forum of the portal page report, meanwhile, have dozens of victims of warning wave together and discuss the problems.
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