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Re:Apple takes legal action against small company with pear ... by ntauthority on Sunday August 09, 2020 @05:40AM (#24098427)
In Germany, unusually even for Europe, this is solved for civil cases by assigning a fixed fee per case that lawyers and the court itself must adhere to - they can't go below, they can't go above - depending on the claim value, usually around 5-10% of the claim itself in total for all three parties.

This is still nasty for the less advantaged individuals when faced with a claim that could lead to, say, a $10k maximum fee, but for smaller businesses any reasonable claim amount is still affordable and the "drain the other party's legal funds" tactic is practically outlawed.

Re:Apple takes legal action against small company with pear ... by sascha_sl on Sunday August 09, 2020 @09:06AM (#24099349)
Except it's not really solved. I've seen the "Streitwert" be inflated to half a million by a well known litigious video game publisher, using moon logic math. No details because the case has been settled.
Re:Apple takes legal action against small company with pear ... by xmprt on Sunday August 09, 2020 @06:41AM (#24098668)
What about cases that require much more work than $10k could buy? If a case goes on for many months/years then it would be reasonable to expect it to cost more than a quicker case.
Re:Apple takes legal action against small company with pear ... by tpetry on Sunday August 09, 2020 @07:01AM (#24098752)
The limit would be set higher for a complex case. But for a simple branding case nobody will need months/years of work.
Re:Apple takes legal action against small company with pear ... by wwwwwwwww on Sunday August 09, 2020 @09:32AM (#24099528)
Here in Germany, its only solved in theory. In practice, there are many ways around it.
Re:Apple takes legal action against small company with pear ... by eneveu on Tuesday August 11, 2020 @03:13AM (#24117929)
Interesting. Could you expand on that ?
Re:Apple takes legal action against small company with pear ... by tutfbhuf on Sunday August 09, 2020 @06:38AM (#24098662)
So in Germany you actually could have a pear logo for your company.
Re:Apple takes legal action against small company with pear ... by esperent on Sunday August 09, 2020 @09:03AM (#24099337)
Yes, probably. See, for example, the recent battle between McDonald's and a small (relatively) Irish fast food chain called Supermacs, which McDonald's lost.

https://www.bbc.com/news/world-europe-49254551