The German Twitch streamer Trymacs had planned a big event for December called “Kick auf Eis”. But now he has to change the event because Stefan Raab and his company threatened him with a hefty fine. But did Raab even have a chance of success? This is clarified by the famous “internet lawyer” Christian Solmecke in a video.
What was the problem?
- Trymacs, one of the largest German Twitch streamers, regularly plans large and special events. For example, he organized a boxing match in the LANXESS arena or played with his football team against Knossi’s in front of over 140,000 spectators.
- On December 29, he wanted to hold the new event “Kick auf Eis”, where well-known influencers play football on an ice surface.
- However, after the announcement and the first sold tickets, an incident occurred. Trymacs stated that Stefan Raab and his company are suing him because the concept is too similar to the Ice Football Cup – an event that Raab last organized in 2015.
Trymacs then revised the entire event and will now allow the influencers to play on a modified football field. But would Raab really have won the lawsuit? Lawyer Christian Solmecke, a specialist in internet and media law, doubts that in his video.
“A television show can essentially be copied in concept”
What exactly does Solmecke say? In the first minutes of the video, he summarizes the situation and Trymacs’ statements. The streamer explained that he did not understand where the problems were, as football on ice is difficult to protect.
Solmecke picks this up and starts to break down and explain the various trademark and patent rights.
In trademark law, the lawyer finds an entry from 2009. There, Raab wanted to secure the naming rights to “Deutscher Eisfußball Pokal”. However, the application was rejected due to a lack of distinctive character.
What Raab and his company have secured are the image rights to specific logos for the event. However, the image of Trymacs is “miles away” from that, as Solmecke emphasizes.
There can also be no patent rights for the event, as patents are rights for technical innovations. That is not the case here.
What about other rights? In the end, copyright remains. However, the event must be something “never before seen”, which can be doubted in the case of playing football on ice.
Moreover, Raab interrupts the Federal Court’s ruling on broadcasting formats. According to Solmecke, it states that “a television show can essentially be copied in concept”. An abstract show concept, such as kicking on ice, does not enjoy copyright protection.
Only the presentation may not be copied, such as the lighting, special rules, or the stage design. However, according to Solmecke, it is not enough to secure an ice surface with two goals as a “special stage design”.
From the lawyer’s point of view, Trymacs only had to make a few minor adjustments for the event to take place after all.
A residual risk remains
Why is the event still being changed? The event “Kick auf Eis” has now become “Der große Kick”. The broadcaster Joyn, with which the event is being organized, emphasizes that the event will have a “new game principle” but that the participants may change. How everything will work is currently unclear.
But why did they change the concept and not insist on ice football? Because there remains a residual risk.
There could be a temporary injunction shortly before the start, which would cancel the event. Even if a court later disagrees, the event must be canceled at first.
“That’s why television stations sometimes back down and say: ‘This is too risky for us, even if we are in the right'”, Solmecke says. And there is always the chance that the broadcaster might lose and then still have to pay damages.
Trymacs himself is very disappointed in his idol Stefan Raab. He had always been a big fan, but he is far from thrilled with the warning. After all, both had at least indirectly collaborated in the last Wok-WM, which Raab organized in the background:
Twitch streamer Trymacs injures himself at Wok-WM, Knossi falls in the grand final
