{"id":67985,"date":"2019-03-28T15:49:28","date_gmt":"2019-03-28T13:49:28","guid":{"rendered":"https:\/\/www.lhr-law.de\/?p=67985"},"modified":"2024-10-21T12:50:31","modified_gmt":"2024-10-21T10:50:31","slug":"lhr-obtains-injunction-against-misleading-information-software-cannot-be-used-throughout-europe","status":"publish","type":"post","link":"https:\/\/www.lhr-law.de\/en\/magazine-en\/competition-law-antitrust-law\/lhr-obtains-injunction-against-misleading-information-software-cannot-be-used-throughout-europe\/","title":{"rendered":"LHR obtains injunction against misleading information: software cannot be used throughout Europe"},"content":{"rendered":"

\"\"The Regional Court of Hamburg (LG Hamburg, decision of 20 March 2019, ref. 312 O 72\/19<\/a>) has issued an interim injunction against an antivirus software company at the request of Lampmann, Haberkamm & Rosenbaum Rechtsanw\u00e4lte (LHR).<\/p>\n

This prohibits the latter from making the following statements in the course of business for competitive purposes in connection with the sale of software<\/p>\n

\"\"<\/p>\n

and\"\"if installation or use of the software by German consumers is actually not possible.<\/p>\n

Administrative fine of up to \u20ac 250,000<\/h2>\n

In the event of non-compliance, a fine of up to \u20ac 250,000 or up to six months’ imprisonment may be imposed. The amount in dispute was set at \u20ac50,000. The decision is not final and was issued without an oral hearing. The defendant now has the legal remedy of an objection or clarification of the facts in the main proceedings.<\/p>\n

Software manufacturers dislike the (non-physical) exhaustion<\/h2>\n

The ban joins a whole series of proceedings that we have brought on behalf of used software dealers against manufacturers who try to obstruct the secondary market for their products by all means. This is an understandable goal, as manufacturers naturally want to keep bringing their software \u2018new\u2019 to users.<\/p>\n