Publications  


Intersection between trademark rights and naming rights
Dr. Claudia Csáky, Dr. Ferdinand Graf, Mag. Marija Krizanac, ILO Newsletter vom 13. Juli 2015

In a recent case a high-profile trademark consisting of a famous family name was infringed through use in the course of trade by someone with the same family name. The Court of Appeal marked out the limits of trademark protection when competing with naming rights and defined the requirements that trademark owners must meet to shield their trademarks from exploitation under the cover of exercising legitimate naming rights.
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Publications  


New tax bill: heavy burden on share deals involving real property
Dr. Martin Foerster, ILO Newsletter vom 03. Juli 2015

As part of its overall tax reform, the government recently proposed a new act to amend the taxes relating to real estate transactions. The act is expected to be passed in July 2015 and will enter into force on January 1 2016.
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The brave new world of Bitcoin – Austria
ILO Newsletter, 26. Juni 2015

Virtual currencies - predominantly Bitcoin - have become the focus of internet aficionados and young entrepreneurs. The possibility of paying for services worldwide simply by using a smartphone and without having to consider exchange rates is a unique feature that clearly outguns established financial systems. However, no legislative steps have been taken to provide a reliable legal framework allowing Bitcoin to develop.
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No express withdrawal from purchase of goods contracts under reservation of title
ILO Newsletter, 26. Juni 2015

Insolvency lawyers frequently encounter problems in relation to goods that are purchased under a reservation of title and the assertion of resulting rights to separate these goods from the debtor´s estate. In particular, the obligation to provide notice of withdrawal from the contract regularly raises issues. A recent Supreme Court case demonstrates that the absence of an express notice of withdrawal can also be problematic.
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Bauträgerverträge: Anlagen - Contracting zulässig?
In einer kürzlich ergangenen Entscheidung (1 Ob 220/14f) beschäftigte sich der Oberste Gerichtshof (OGH) mit dem sogenannten Anlagen-Contracting bei Wohnungseigentumsprojekten.
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