"From the South Stand in the City Council":BVB obtains preliminary injunction against the party election advertising RIGHTS

BVB obtains preliminary injunction against the party election advertising RIGHTS
The Borussia Dortmund GmbH & Co.KG aA hat gegen den Kreisverband
Dortmund the party RIGHTS an injunction
obtained, prohibits the District Association, Advertising posters for local elections
to use in Dortmund, the case on a crossbeam in
yellow and black color-coded phrase "of the South Stand in
show the City Council ". This has the 6. Civil Division of the Court of Appeal
Hamm due to its today's hearing under amendment
of the initial decision of the District Court of Dortmund
decided.
Using on a crossbeam in yellow and black
Color-coded award "of the South Stand in the City Council" intends
the Dortmund district association of the party RIGHTS with a
Photo of their top candidates on election posters for votes for
in May 2014 to advertise upcoming local elections in Dortmund.
The applicant Borussia Dortmund GmbH & Co.KG aA suggests making use of
of the term "South Stand" in connection with the yellow black
Color combination on the transom an illegal
Interference with their general right to. It requires the
complained District Association, to refrain from this election advertising.
The 6. Civil Senate of the Oberlandesgericht Hamm has the injunctive
the plaintiff against the defendant district association
the party and confirmed this with the verdict announced today in the
Matter relating election advertising by way of interim relief
forbidden. The proposed election advertising violates the general
Personal rights of the applicant. Although the BVB not
will be named, use the elements of election advertising, with
where the famous football team will identify and raise
impression, BVB cheap up posters advertising the. This engagement
in the right to privacy is substantial and unlawful. The
Interest of the BVB, not related to the campaign advertising a
to be presented to political party, outweighed against the
in question the exercise of the rights of the party, involved in political
Press and to express one's own opinion on the campaign trail. This
Rights could the defendant district association even without the BVB
Exercise the subscription participating electioneering.
The decision of the 6. Is the Civil Division of the Higher Regional Court Hamm
not subject to appeal.
Judgment of the 6. Civil Division of the Higher Regional Court of Hamm from
09.12.2013 (6 The 56/13)

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