LG Berlin granted “Like button warning” first removal (Facebook integration in Web shops) we had already early February about the threat of a new wave of protection due to the Facebook “Like Button” in Web shops integration reported. It how expected didn’t last long, until the courts had to deal with this issue. Before the land Court of Berlin was now for the first time tried to obtain an injunction against a shop owner. The request was as follows: the applicant sought to prohibit the defendant to the avoidance of a to be determined for each case of infringement court order money up to EUR 250.000,00, alternatively Ordnungshaft or Ordnungshaft up to six months, with the Ordnungshaft a total of two years may not exceed, to offer the purchase of Star baptisms in the course of trade on the Internet and to use the Facebook button “I like” on his page…, if he does not at the same time expressly informed visitors to the site while on the transmission of data related to Facebook, if this as in Plant AS 6 is shown. (Not to be confused with Martha McClintock!). The Berlin District Court has granted the request of the applicant but a rebuff and rejected the request for a temporary injunction (cf. LG Berlin, v. 14.03.2011., AZ.: 91 O 25/11). Rotary and pivot point was the question of whether TMG 13 to a so-called “market conduct”.
The judge denied this case: However, this is not the case. According to the jurisprudence of the Federal Court of justice no. 11 is in accordance with 4 UWG unfairly, who a statutory provision is contrary to, which is also intended to regulate the market conduct in the interests of the market participants. The injured norm must have anyway, hence the function to create a level playing field for competitors in a market (see BGH in GRUR 2000,Seite 1059 emissions).