Court Landgericht Berlin, Germany: International jurisdiction (Germany/Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: International jurisdiction (Innsbruck, Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Injunction – International jurisdiction (Graz, Austria), fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: Local Court AG Charlottenburg, Germany
Damage won: Fine up to 250 000 euros
Landgericht Berlin, Germany: Value in dispute: 6,000€, Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Opponent in France – damage 3.500 € plus interest
Defendant nationality: France
Lawyer: Robert Fechner
Claimant nationality: German
Court: AG Charlottenburg, Germany
Damage won: 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020
The Amtsgericht Berlin sentences the defendant based in France to pay the amounts 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020 to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The court granted 3.500 € as a reasonable penalty.
International jurisdiction (Dublin, Ireland), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Ireland
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Contractual Penalty – opponent from the Netherlands, a court in Germany
Claimant nationality: German
Defendant nationality: Netherlands
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 €
Summary: The Landgericht Berlin (District Court) sentences the defendant based in the Netherlands to pay the amounts 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 € documentation fees to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim the contractual penalty, because the cease and desist declaration was violated, without there being a visible reason for excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Court Gergerland Arnhem – Damage won: 1359,81
Photographer’s seat of residence: German
Opponent’s seat of residence: Dutch
Lawyer: Kitty van Boven
Court: Court Gergerland Arnhem, Netherlands
Damage won: 1359,81 euros reimbursements
Court in Midden – Damage won: 3372,56 euros
Photographer’s seat of residence: United States
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Bowen
Court: Midden, Netherlands
Damage won:3372,56 euros damages + 3051,83 Euro costs reimbursed
Court Zeeland West Brabant – Damage won: 540 euros + all legal costs
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: Court West Brabant, Netherlands
Damage won: 540 euros + all legal costs
District Court in Den Bosch – Damage won: 2906 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: District Court, Den Bosch, Netherlands
Damage won: 2906 euros reimbursements
District Court Rechtbank Amsterdam – Damage won: 1396 euros
Photographer’s seat of residence: American
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: Midden, Netherlands
Damage won: 1395 euros ((3x MFM recommendation) + all costs
District Court Rechtbank Den Haag – Damage won: 1882,50 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Court: Den Haag, Netherlands
Damage won: 1883 euros (3 x MF recommendation) + all costs
Berlin, Germany: Contractual Penalty (5001,00€ plus interest)
Opponent’s seat of residence: Romania
Photographer’s seat of residence: Germany
Lawyer: Robert Fechner
Verdict: 5001 Euro for the Contractual Penalty + all costs
Court Landgericht Berlin, Germany: International jurisdiction (Innsbruck, Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Berlin, Germany: Order – International jurisdiction (London, United Kingdom), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Damage won: 8400 euros from UK opponent
Defendant nationality: British
Claimant nationality: German
Lawyer: Robert Fechner
Court: District Court Landgericht Berlin, Germany
Damage won: 8400 euros reimbursement
Order – International jurisdiction (London, United Kingdom), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Verdict – 10.000 Euro reimbursement + legal fees + documentation fees from an opponent in the UK
Opponent’s seat of residence: United Kingdom
Photographer’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Court Berlin, Germany
Damage won: 10.000 euros + legal fees + documentation fees.
The Landgericht Berlin (District Court) sentences the defendant based in country 1 to pay the amount of 10.002 € plus interest + 1.266,16 € legal fees plus interest + 142 € docu fees to the claimant based in country2. The defendant violated the Cease and Desist claim, and did not cease to make the photographs in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim two penalties because the cease and desist declaration was violated twice, concerning two photographs, without there being a visible reason for the excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Appeal Court Sofia, Bulgaria – Damage won: 2556 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Bulgaria
Lawyer: Dimo Gospodinov
Court: Appeal Court Sofia, Bulgaria
Damage won: 2556 euros reimbursementsBerlin
Appeal Court Sofia, Bulgaria – Damage won: 2715 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Bulgaria
Lawyer: Dimo Gospodinov
Court: Appeal Court Sofia, Bulgaria
Damage won: 2715 euros reimbursements
Court Sofia – Damage won: 2670 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Bulgaria
Lawyer: Dimo Gospodinov
Damage won: 2670 euros reimbursements
Court Sofia – Damage won: 2952 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Bulgaria
Lawyer: Dimo Gospodinov
Court: Appeal Court Sofia, Bulgaria
Damage won: 2 952 euros reimbursements
Local Court AG Charlottenburg, Germany: €1688 Reimbursements + All court fees
Claimant nationality: German
Defendant nationality: German
Court: Local Court AG Charlottenburg, Germany
Lawyer: Robert Fechner
Damage won: 1688 euros reimbursements + all court fees
Germany, 6517 euros reimbursements & injunction granted – opponent in Greece
Opponent’s seat of residence: Greece
Lawyer: Robert Fechner
Photographer’s seat of residence: Germany
Damage won: 6517 euros reimbursements & injunction granted
Amtsgericht Ahaus – 551 euros for legal fees + opponent covers court fees
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Amtsgericht Ahaus
Damage won: 551 euros for legal fees plus opponent covers court fees
Amtsgericht München, Germany: Verdict – Damages (1061,00€ )
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Sebastian Deubelli
Damage won: 1566 euros reimbursements
Berlin, Germany: International jurisdiction (Desenzano del Garda, Italy), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Berlin, Germany: International jurisdiction (Germany/Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Berlin, Germany: Order – International jurisdiction (Leipzig, Germany)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Berlin, Germany: Order – International jurisdiction (London, United Kingdom), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Berlin, Germany: Verdict – Contractual Penalty (5001,00€)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Lawyer: Filipp Bickel
Court: Landgericht Berlin
Damage won: 5001 euros + 50 euros costs + interest of 8% over the basic interest rate
Berlin, Germany: Verdict – Damages calculated in accordance with MFM, Value in Dispute 6,000€
Photographer’s seat of residence: German
Opponent’s seat of residence: German
Lawyer: Robert Fechner
Court: Amtsgericht Charlottenburg, Germany
Verdict: 540 euros damages + 551 euros legal fees + all costs
Contractual Penalty – opponent from Netherlands, court in Germany
Claimant nationality: German
Defendant nationality: Netherlands
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 €
Summary: The Landgericht Berlin (District Court) sentences the defendant based in the Netherlands to pay the amounts 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 € documentation fees to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim the contractual penalty, because the cease and desist declaration was violated, without there being a visible reason for excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Court AG Ahaus, Germany Verdict – Legal Fees reimbursement
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Amtsgericht Ahaus
Damage won: 551 euros for legal fees & court fees
Court Berlin, Germany: Legal Fees- Value in Dispute 12.000 Euro for 2 photos
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Amtsgericht Charlottenburg, Berlin, Germany
Court Landgericht Berlin, Germany: International jurisdiction (Gdańsk, Poland)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: International jurisdiction (Innsbruck, Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: International jurisdiction (Modena, Italy)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: Order – International jurisdiction (Kirkel, Germany)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: Order – International jurisdiction (Split, Croatia)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Croatia
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Court Landgericht Berlin, Germany: Order, Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Filipp Bickel
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Damage won: 8400 euros from UK opponent
Defendant nationality: British|
Claimant nationality: German
Lawyer: Robert Fechner
Court:District Court Landgericht Berlin, Germany
Damage won: 8400 euros reimbursement
AG Charlottenburg, Germany: Damages calculated in accordance with MFM, Value in Dispute 6,000€ per image
Photographer’s seat of residence: Germany
Court: AG Charlottenburg, Germany
Verdict: Damages calculated in accordance with MFM, Value in Dispute 6,000€ per image
District Court Landgericht Berlin, Germany: Order – International jurisdiction (Nicosia, Cyprus)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Cyprus
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
District Court Landgericht Berlin, Germany: Verdict – Damages 1055 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 1055 euros
European Enforcement: 1.566,25 euros reimbursement
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Sebastian Deubelli
Court: Landgericht München, Germany
Damages won: 1.566,25 euros reimbursement
European Enforcement: 7643 euros reimbursement from Italian opponent
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Filipp Bickel
Court: Landgericht Berlin, Germany
Damage won: 7643 euros reimbursements
Injunction – International jurisdiction (Graz, Austria), fine up to 250,000€
Photographer's seat of residence: Germany
Opponent’s seat of residence: Austria
Court: Local Court AG Charlottenburg, Germany
Damage won: Fine up to 250 000 euros
Injunction and Jurisdiction of the Court in Berlin
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
International jurisdiction (Cologne, Germany / Dubai, UAE), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Dubai, UAE
Court: District Court Landgericht Berlin, Germany
Court of Appeal Kammergericht: Berlin, Germany
Verdict: Fine up to 250,000€
International jurisdiction (Dublin, Ireland), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Ireland
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Landgericht Berlin, Germany: International jurisdiction (Valletta, Malta)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Malta
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Landgericht Berlin, Germany: Order – International jurisdiction (Barcelona, Spain)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Spain
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Landgericht Berlin, Germany: Value in dispute: 6,000€, Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Landgericht Court Berlin, Germany: 6215,99 euros won (opponent from USA)
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 for documentation costs reimbursements
Total: 6215,99 euros
Local Court AG Charlottenburg, Germany – Defendant nationality: American
Defendant nationality: American
Claimant nationality: German
Lawyer: Robert Fechner
Court: Local Court AG Charlottenburg, Germany
Damage won: 2136 euros reimbursements + all court fees
AG Charlottenburg, Germany, Opponent in France – damage 3.500 € plus interest
Defendant nationality: France
Lawyer: Robert Fechner
Claimant nationality: German
Court: AG Charlottenburg, Germany
Damage won: 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020
The Amtsgericht Berlin sentences the defendant based in France to pay the amounts 3.500 € plus interest since 23.01.2018 + 926 € legal fees plus interest since 06.03.2020 to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The court granted 3.500 € as a reasonable penalty.
Order – International jurisdiction (Faro, Portugal), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Order – International jurisdiction (London, United Kingdom), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: UK
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Order – International jurisdiction (Poznań, Poland), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Order – International jurisdiction (Stuttgart, Germany)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Value in dispute: 9,000€, Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Germany
Court: Court Landgericht Berlin, Germany
Verdict: Fine up to 250 euros
Verdict – 10.000 Euro reimbursement + legal fees + documentation fees from an opponent in the UK
Opponent’s seat of residence: United Kingdom
Photographer’s seat of residence: Germany
Lawyer: Robert Fechner
Court: Landgericht Court Berlin, Germany
Damage won: 10.000 euros + legal fees + documentation fees
The Landgericht Berlin (District Court) sentences the defendant based in country1 to pay the amounts 10.002 € plus interest + 1.266,16 € legal fees plus interest + 142 € docu fees to the claimant based in country2. The defendant violated the Cease and Desist claim, and did not cease to make the photographs in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim two penalties, because the cease and desist declaration was violated twice, concerning two photographs, without there being a visible reason for the excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Verdict – Damages calculated in accordance with MFM, Value in Dispute 6,000€ per image
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Lawyer: Filipp Bickel
Court: Amtsgericht Charlottenburg, Germany
Damage won: 1140 euros damages + 290 euros costs + 853 euros legal fees reimbursement
Berlin, Germany: Verdict – Contractual Penalty (5001,00€)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italia
Lawyer: Filipp Bickel
Court: Landgericht Berlin
Damage won: 5001 euros + 50 euros costs + interest of 8% over the basic interest rate
Court Landgericht Berlin, Germany: International jurisdiction (Modena, Italy)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
District Court Corte d’Appello Milan – Damage won: 1920 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
Lawyer: Luca Ghedina
Court: Corte D’Appello, Milan
Damage won: 1920 euros damages + 1006 euros legal fees and costs reimbursement
European Enforcement: 1.566,25 euros reimbursement
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Sebastian Deubelli
Court: Landgericht München, Germany
European Enforcement: 1.566,25 euros reimbursement
European Enforcement: 7643 euros reimbursement from Italian opponent
Opponent’s seat of residence: Italy
Photographer’s seat of residence: Germany
Lawyer: Filipp Bickel
Court: Landgericht Berlin, Germany
Damage won: 7643 euros reimbursements
Order – International jurisdiction (Vigasio, Italy), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Italy
District Court: Landgericht Berlin, Germany
Damage won: 7643 euros reimbursements
Court Landgericht Berlin, Germany: International jurisdiction (Gdańsk, Poland)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
District Court Kraków – Damage won: 1085 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Kraków, Poland
Damage won: 1085 euros reimbursements + legal fees + documentation fees
District Court Warsaw – Damage won: 582 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Warsaw, Poland
Damage won: 582 + legal costs
District Court Wrocław – Damage won: 413 euros
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Wrocław, Poland
Damage won: 413 euros
International jurisdiction (Warsaw, Poland), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Order – International jurisdiction (Poznań, Poland), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Poland
Court: District Court Landgericht Berlin, Germany
Verdict: Fine up to 250 000 euros
Landgericht Berlin, Germany: Order – International jurisdiction (Barcelona, Spain)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Spain
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Injunction against a stock agency
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.
Landgericht Court Berlin, Germany: 6215,99 euros won (opponent from USA)
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 for documentation costs reimbursements
Total: 6215,99 euros
Local Court AG Charlottenburg, Germany – Defendant nationality: American
Defendant nationality: American
Claimant nationality: German
Lawyer: Robert Fechner
Court: Local Court AG Charlottenburg, Germany
Damage won: 2136 euros reimbursements + all court fees
District Court Landgericht Berlin, Germany: Order – International jurisdiction (Nicosia, Cyprus)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Cyprus
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Berlin Germany: 6517 euros reimbursements from a Greek opponent
Lawyer: Robert Fechner
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Greece
Court: Landgericht Berlin, Germany
Damage won: 6517 euros reimbursements
6517 euros reimbursements & injunction granted – opponent in Greece
Opponent’s seat of residence: Greece
Lawyer: Robert Fechner
Photographer’s seat of residence: Germany
Damage won: 6517 euros reimbursements & injunction granted
Landgericht Berlin, Germany: International jurisdiction (Valletta, Malta)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Malta
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin
Order – International jurisdiction (Faro, Portugal), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Court: District Court Landgericht Berlin, Germany
Damage won: Fine up to 250 000 euros
Verdict – Damages calculated in accordance with MFM, Value in Dispute 6,000€ per image
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Portugal
Lawyer: Filipp Bickel
Court: Amtsgericht Charlottenburg, Germany
Damage won: 1140 euros damages + 290 euros costs + 853 euros legal fees reimbursement
International jurisdiction (Cologne, Germany / Dubai, UAE), Fine up to 250,000€
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Dubai, UAE
Court: District Court Landgericht Berlin, Germany
Court of Appeal Kammergericht: Berlin, Germany
Court Landgericht Berlin, Germany: International jurisdiction (Innsbruck, Austria)
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Austria
Court: District Court Landgericht Berlin, Germany
Verdict: Injunction and Jurisdiction of the Court in Berlin