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Recent News From GRP Rainer LLP

  • Dismissal with immediate effect for sending business documents to personal email address effective

    Dismissal with immediate effect for sending business documents to personal email address effective

    Published: 05 Mar 2018

    Anyone sending business documents to his or her personal email address should expect to be dismissed with immediate effect. This comes from a ruling of the Landesarbeitsgericht (LAG) Berlin-Brandenburg [Regional Labour Court of Berlin-Brandenburg] from May 16, 2017. An employer can terminate an employment relationship without notice if it has good cause to do so. We at the commercial law firm GR...

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  • Rescinding acceptance of an inheritance on account of an error

    Rescinding acceptance of an inheritance on account of an error

    Published: 02 Mar 2018

    It is only possible to rescind acceptance of an inheritance on account of an error concerning the estate’s over-indebtedness if the heir assumed that the estate was of value. An inheritance can be rejected. This has to happen within a period of six weeks, with this period starting from when the heir becomes aware of his status as an heir. We at the commercial law firm GRP Rainer Rechtsanwäl...

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  • OLG Bremen: Right reserved in a joint will to make amendments can be restricted

    OLG Bremen: Right reserved in a joint will to make amendments can be restricted

    Published: 27 Feb 2018

    The right reserved in a joint will to make amendments can be made conditional on the approval of a third party. That was the verdict of the Oberlandesgericht (OLG) Bremen [Higher Regional Court of Bremen]. To provide the surviving spouse with financial security, spouses often draw up a joint will mutually appointing each other as sole heirs and usually their children as final heirs. We at the co...

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  • Employer’s right to give instructions regarding business trips abroad

    Employer’s right to give instructions regarding business trips abroad

    Published: 21 Feb 2018

    An employer’s executive prerogative entails being able to order business trips abroad if the employee commits himself to undertake this kind of service in his or her employment contract. That was the verdict of the Landesarbeitsgericht (LAG) Baden-Württemberg [Regional Labour Court of Baden-Württemberg]. In many industries, business trips come with the territory for a lot of employees....

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  • Managers‘ risk of liability and D&O insurance

    Managers‘ risk of liability and D&O insurance

    Published: 16 Feb 2018

    Mistakes made by managers can prove costly both for the company as well as the managers themselves. For this reason, many companies take out D&O insurance policies for their executive personnel. The executives in a company not only bear considerable responsibility, they can also be held accountable for the mistakes they make and held liable with their private assets. An increasing number of ...

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  • No registration of “Bester Papa” as EU trade mark due to lack of distinctiveness

    No registration of “Bester Papa” as EU trade mark due to lack of distinctiveness

    Published: 12 Feb 2018

    In order for a trade mark to be capable of being registered as a European Union trade mark it needs to be highly distinctive. The slogan “Bester Papa” (“Best dad(dy)/papa”) lacks this distinctive character. The protection afforded by a trade mark is vitally important to businesses. Among consumers, trade marks give rise to a high level of brand recognition. Registering a trade mark also affords ...

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  • BGH: A square shape can also be protected as a trademark

    BGH: A square shape can also be protected as a trademark

    Published: 02 Feb 2018

    Three-dimensional symbols that represent the shape of a product can be protected as a trademark. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in two rulings from October 18, 2017 (Az.: I ZB 3/17 and I ZB 4/17). We at the commercial law firm GRP Rainer Rechtsanwälte note that the three-dimensional shape of a product is capable of being protected as a ...

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  • Truck cartel – Damages claims against Scania now also a possibility

    Truck cartel – Damages claims against Scania now also a possibility

    Published: 01 Feb 2018

    Last summer, the European Commission imposed heavy fines on five truck manufacturers for violations of antirust law. The Swedish truck manufacturer Scania is now being asked to pay up as well. The so-called “truck cartel” made headlines last summer. The European Commission had imposed fines totaling just under 2.9 million euros against the manufacturers MAN, Daimler, DAF, Iveco and Volvo/Renault...

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