2024-11-18 - LD Hamburg - Malikie Innovations v. Nintendo - UPC_CFI_555/2024
- Aktenzeichen:
- UPC_CFI_555/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Order
- Parteien:
- Malikie Innovations Ltd. v. Nintendo
Kernaussage: 1.
2024-11-18 - LD Hamburg - Malikie Innovations
v.
Nintendo - UPC_CFI_555/2024
1. A request for rectification is to be granted if the company the statment of claim was served to is the successor of the party named in the SoC by way of universal succession.
2. If there was no doubt to whom the statement of claim was intended to be directed against, there is no room to determine a deviating date of service.
The Hamburg Local Division issued an order changing the defendants designation on request of the plaintiff, declaring that the date of service was to remain unaffected since it was clear at whom the complaint was directed.
Stichwörter
Service Rule 272, Rectification of name of party, Rule 305