Mag. Elke Novak-Rabenseifner, Rechtsanwältin
Meinhard Novak, Rechtsanwalts GmbH
Karlsplatz 3/6
1010 Wien
T          +43 (0) 1 890 20 12 – 0
F          +43 (0) 1 890 20 12 – 11
E           office@novakra.at
W          www.novakra.at

Archive for October 30th, 2014

OBLIGATION TO CONTRACT AT SPORTS GOODS BUSINESS? (OGH 26.6.2014, 16 OK 12/13)

Thursday, October 30th, 2014

Even though the local supply law includes a ban of discrimination it’s not valid for delivery refusal. Therefore the delivery refusal is permitted until it threatens the local supply or the last vendor’s competitiveness. Since sports goods don’t satisfy the necessary needs for daily life the threat for local supply discards.

PROHIBITION OF DEFRAYAL OF THE DECEASED PERSON (OGH 26.06.2014, 6 OB 10/14K)

Thursday, October 30th, 2014

If the legal heirs oppose the will of the decedent and disregard the last will or challenge the legacy they lose their law of succession and they only receive the legal share.

Objections regarding testamentary capacity or authenticity of the legacy don’t harm the heirs.

FILING A TRADEMARK REGISTRATION IN BAD FAITH: TRADEMARK GRABBING (OGH 17.09.2014, 4 OB 98/14M)

Thursday, October 30th, 2014

Purpose of the trademark registration is to identify the origin of the brand. Due to the bad faith hoarding of brands (trademark grabbing) the origin is no longer identifiable.

The main goal is to make businesses with a similar concept buy rights or make them pay a penal payment through a trademark collection labelled as low as possible.