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An Abmahnung (German term for a written warning) is a formal request by one person to another person to forthwith stop a certain behaviour.
If this formal request is made by an attorney, then it is similar to a cease-and-desist letter (but not a cease-and-desist order, which in turn is similar to a einstweilige Verfügung in German law). Anyone who is harmed by the offending action and thus has an Unterlassungsanspruch can send an Abmahnung. Trademark violations, copyright infringement, and not complying with disclosure and information requirements harm the public, so the Gesetz gegen den unlauteren Wettbewerb permits competitors, interest groups who operate on the same market as the offender, consumer protection organisations and Chambers of Commerce to file an Abmahnung. [1]
In most cases, the law allows the party sending the letter to demand payment of legal costs associated with the sending of the letter. In theory, this allows anybody that observes a violation of a law that may be covered by an Abmahnung to hire an attorney, have a letter sent, and be reimbursed for the attorney's fees. Reimbursement of attorney's fees is excluded in cases of violations against information requirements, if the violation is committed on the internet and the filer is a competitor. [2] Since the enormous proliferation of web sites, there have been waves of frivolous Abmahnungen, the so-called Abmahnwellen, as lawyers and copyright holders search for even minor and usually unintended violations of e.g. copyright law on the internet, with some law firms sending thousands of letters per year demanding payment. [3]
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e., the letter's recipient, may be sued. When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order".
The Federal Network Agency is the German regulatory office for electricity, gas, telecommunications, post and railway markets. It is a federal agency of the Federal Ministry for Economic Affairs and Climate Action and headquartered in Bonn, Germany.
The Infantry Assault Badge was a German military decoration awarded to Waffen-SS and Wehrmacht Heer soldiers during the Second World War. This decoration was instituted on 20 December 1939 by the Commander-in-Chief (Oberbefehlshaber) of the German Army, Generalfeldmarschall Walther von Brauchitsch. It could be awarded to members of infantry and Gebirgsjäger units that had participated in infantry assaults, with light infantry weapons, on at least three separate days of battle in the front line on or after 1 January 1940. When a counter-offensive led to fighting, it could also apply. Award of the Infantry Assault Badge was authorized at regimental command level, and mechanized or motorized infantry were not eligible for the original badge. A bronze variant of the Infantry Assault Badge was created in June 1940, authorized for motorized and mechanized infantry units, using similar requirements for award as the original silver variant. Non-infantry personnel were not eligible for either grade of the Infantry Assault Badge, but were eligible for other combat recognition badges, usually the General Assault Badge, Close Combat Clasp, or the Panzer Badge. The Luftwaffe would develop its own ground combat badge in 1942, the Ground Assault Badge.
The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, legislation is relatively lenient and not designed to keep young people away from alcohol, but rather intended to teach them an appropriate approach to alcohol consumption, which is reflected by one of the lowest drinking ages in the world.
RedTube is a pornographic video sharing site, which in September 2009 held an Alexa ranking within the world's top 100 sites. It is one of several pornographic websites owned by Mindgeek. In June 2010 it had fallen out of the top 100, but it made a return in mid-2012. As of mid September 2020 its Alexa ranking was 520. Its popularity has been ascribed to its non-sexual name, which is a reference to the non-pornographic video sharing website YouTube. The website is based in Houston, Texas and has servers in San Francisco, New Orleans and Montreal.
An Impressum is a legally mandated statement of the ownership and authorship of a document, which must be included in books, newspapers, magazines, websites, and business correspondence published or otherwise made available to consumers in Germany and certain other German-speaking countries, such as Austria and Switzerland. The Telemediengesetz mandates the use of an Impressum.
The following table represents laws in respective countries or jurisdictions which restrict the use of Email spam.
In Germany, smoking is widespread and is subject to very few and lax regulations compared to other countries in Europe. Tobacco taxes in Germany are among the lowest in Europe. Germany ranks last on the Tobacco Control Scale and has sometimes been referred to as the "smoker's paradise" of Europe. According to German addiction researcher Heino Stöver, Germany has "[...] more cigarette vending machines than any other country in the world."
Günther Vollmer was a member of the Nazi Party and a German jurist and doctor of law. He was the attorney for Erich Koch, one of the leaders of the Nazi Party in East Prussia. During the Third Reich, he worked for the Reich Ministry of Justice in several different positions as an attorney and legal advisor. He was also Gauführer of the professional organization of Nazi jurists.
The ancillary copyright for press publishers is a proposal incorporated in 2012 legislation proposed by the ruling coalition of the German government, led by Angela Merkel of the Christian Democratic Union (CDU), to extend publishers' copyrights. The bill was agreed by the Cabinet at the end of August 2012 and submitted to parliament on 14 November 2012. It was passed by the Bundestag on 1 March 2013 by 293 to 243, following substantial changes in the week before the vote.
The Volkswagen Act is a set of German federal laws enacted in 1960, regulating the privatization of Volkswagenwerk GmbH into the Volkswagen Group. In order to maintain government control in the privately owned company, it stipulated that the votes in major shareholder meeting resolutions require 4/5th (80%) agreement. This part of the law was deemed to violate the "free movement of capital" principle of European Union corporate law. After a series of challenges from 2007 to 2013, the German parliament finally amended the part in 2013 to EU Court of Justice satisfaction.
Heiko Josef Maas is a German lawyer and former politician of the Social Democratic Party (SPD) who served as the Federal Minister of Foreign Affairs (2018–2021) and as the Federal Minister of Justice and Consumer Protection (2013–2018) in the cabinet of Chancellor Angela Merkel. Since 2022, he has been practicing as a lawyer.
Craigslist Inc. v. 3Taps Inc., 942 F.Supp.2d 962 was a Northern District of California Court case in which the court held that sending a cease-and-desist letter and enacting an IP address block is sufficient notice of online trespassing, which a plaintiff can use to claim a violation of the Computer Fraud and Abuse Act.
Drugs controlled by the German Betäubungsmittelgesetz (BtMG). Trade and possession of these substances without licence or prescription is considered illegal; prescription is illegal for drugs on Anlage I and II and drugs on Anlage III require a special prescription form.
NM-2201 (also known as CBL-2201) is an indole-based synthetic cannabinoid that presumably has similar properties to the closely related 5F-PB-22 and NNE1, which are both full agonists and unselectively bind to CB1 and CB2 receptors with low nanomolar affinity.
The Network Enforcement Act, also known colloquially as the Facebook Act, is a German law that was passed in the Bundestag that officially aims to combat fake news, hate speech and misinformation online.
The Prostitution Act is a federal law in Germany that regulates the legal status of prostitution as a service in order to improve the legal and social situation of prostitutes. The law was promulgated on 20 December 2001 and has been in force since 1 January 2002. At the same time the Strafgesetzbuch §180a and §181a (pimping) were amended so that the creation of an adequate working environment is no longer punishable as long as no exploitation of prostitutes takes place.
The German Law on the Protection of Trade Secrets, or Trade Secrets Law in short, serves to protect business secrets against unauthorized acquisition, use, and disclosure. The law implements the Directive (EU) 2016/943 on the Protection of Trade Secrets in German law. It replaces the right to secrecy, which was previously regulated in §§ 17-19 of the Act Against Unfair Competition.
The Bundesgesellschaft für Endlagerung mbH is a German federally owned company based in Peine, Lower Saxony, Germany.
Federal referendums were held in Switzerland on 7 March, 13 June, 26 September, and 28 November 2021. Swiss referendums take three forms: popular initiatives, which are citizen proposals to create a new law and require 100,000 valid signatures on a petition to get on the ballot; facultative or optional referendums, which are citizen proposals to approve or reject a piece of existing law and require 50,000 valid signatures on a petition to get on the ballot; and mandatory referendums, which are required to revise the constitution, join an international organisation or introduce emergency federal legislation for over a year.