Country: USA

Defendant nationality: American

Claimant nationality: German

Lawyer: Robert Fechner

Court: Local Court AG Charlottenburg, Germany

Damage won: 2136 euros reimbursements + all court fees

Opponent’s seat of residence:  USA

Photographer’s seat of residence: Germany

Lawyer: Robert Fechner

Court:  Landgericht Court Berlin, Germany

Damage won: 5001 euros for the contractual penalty, 1101,94 euros legal fees and 113,05 euros documentation costs reimbursements

Total: 6215,99 euros

24.03.2020

Claimant nationality: Swiss

Defendant nationality: U.S.

Lawyer: Robert Fechner

Court: Landgericht Berlin

Case description:

• A major stock agency offered numerous video clips of our client for the sale.
• The client had never uploaded those photographs to this stock agency. Moreover, his prices for photos are much higher than what this agency offered, so this event caused major damage to him.
• those video clips even were sold, which caused illegal licenses.
• Our client contacted the agency asking to take those clips down.
• Agency did not comply completely – PhotoClaim could detect that 37 videos were still online. Therefore evidence was secured.
• PhotoClaim’s lawyer also contacted the agency to take those clips down.
• Despite that, the agency did not take down mentioned videos from its website, nor signed a Declaration to Cease and Desist.
• Robert Fechner filed an injunction in Berlin court.
• The court confirmed that the agency is liable to take all those clips down with due diligence and announced a possible penalty of 250.000€ if the order would be not respected.