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.

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