phenomenon of “Domain Grabbing”

35 Questions
1. Explain the phenomenon of “Domain Grabbing” and its legal
consequences.
Briefly explain, domain grabbing is using domain name that is identical or
confusingly similar or dilutive to a distinctive or famous trademark, and
registers such domains in bad faith. The legal consequences include, the
injured party have the right to claims for injunction, removal, damages and
information (§§14, 15 Marken G.§§3, 5 §§ 826, 1004 BGB can be asserted
against the owners of domains that violate the trademark.
2. Name two different legal protection options for software
and briefly explain the legal basis.
1 Copyright protection; The copyright is the authoritative protective right for
the software and its licensing. According to Section §§ 69 a 3 sentence 1
UrhG, the computer program must be “individual work”, i.e. the “result of one’s
own spiritual creation”.
2Patent protection; According to (§§ 1 Patent Law), the requirements for a
software to be patentability includes the software need to be novelty,
inventive activity, and industrial applicability.
Patent and copyright protection are therefore complementary, so that IT
companies can obtain comprehensive protection for their software.
3 Trademark protection; Trademark protection can be used to protect the
external characteristics of a software program, such as the name of a
computer game, the symbol of a trademark, the manufacturer’s name and
other distinctive signs.
Dec 10, 2020
1. Explain the phenomenon of “Domain Grabbing” and its legal consequences.
2. Name two different legal protection options for software and briefly explain the legal
basis.
3. Describe how contracts are concluded online – from a legal perspective – and name the
the relevant norms.
Mock 2
3. Describe how contracts are concluded online – from a legal
perspective – and name the the relevant norms.
A online contracts can be processed online or offline. If the contract concerns
the download of software, the contract processing online. However, if
software on a data carrier is purchased on the network, then the contract is
fulfilled offline. For the conclusion of the contract the following basic rules
apply general provisions of the Civil Code; In order to form a contract, it must
consist of a “Offer” and “Acceptance”.
Contracts are concluded by customer via clicking the button for a certain
button, then the seller sending an information making a confirmation. Section
§§433