CMS successfully represents ARD in legal dispute over inclusion of ARD media library in Joyn

Hamburg – In the legal dispute before the Cologne courts concerning the inclusion of content from the ARD media library in Joyn’s streaming service, the injunction obtained by ARD from Cologne Higher Regional Court (OLG) has now been made permanent. After negotiations to establish a collaboration had broken down, Joyn had used content from the ARD media library without permission, also using ARD brands in the process. ARD regarded this as a breach of copyright, trade mark and competition law and was initially only able to enforce some of the claims it asserted in the injunction proceedings before Cologne Regional Court (LG).

CMS represented ARD in the first appeal proceedings, which were won in their entirety. In its judgment dated 27 February 2026, Cologne Higher Regional Court overturned the judgment by Cologne Regional Court, upheld all claims asserted under the State Media Treaty, database law, trade mark law and competition law and issued a comprehensive interim injunction. The focus was on the legal assessment of embedding from the perspective of copyright and media law, on the arguments regarding the likelihood of confusion and the enforcement of claims under the law of unfair competition.

The advice was provided by a team led by Michael Fricke, Dr Martin Gerecke and Dr Malte Grützmacher.

The operator of Joyn has now acknowledged the Higher Regional Court’s ban as a final ruling. It is therefore permanently in effect. The Higher Regional Court’s decision strengthens the protection of public service content in the digital marketplace and secures ARD’s position against private providers in the long term. It confirms that licence fee-funded services must also be protected amid competition and sets standards for handling media library content and brands in digital settings.

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