The use of external trademarks as part of one’s own advertising can lead to injunctive relief for the trademark holder.

Cologne, NRW -- (SBWire) -- 07/01/2013 --GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London http://www.grprainer.com/en explain: In its judgment of 21 March 2013 (Az. 6 U 170/12), the Frankfurt Higher Regional Court (OLG) ruled that the trademark holder is entitled to injunctive relief from the Trademark Act (MarkenG) against the shopkeeper, if said shopkeeper uses the external brand name as a component of its advertising. The defendant promoted his goods with billboards featuring the plaintiff’s brand name. In the opinion of the Court, there was a risk that potential customers might assume from this that a contractual relationship exists between the retailer and the trademark holder.

The plaintiff, who had hitherto distributed its products via exclusive partners, saw the advertisement with its brand name as a breach of that copyright. This view was also confirmed by the OLG, according to whose opinion damage to the plaintiff’s image was possible. That fact that other trademarks appear on the billboards in addition to the plaintiff’s trademark does not contradict the assumption of a contractual relationship between the complaining business and the defendant.

Furthermore, the Court remarked that a notice in one of the shopkeeper’s display windows stating that no relationship between the parties exists would only counteract the risk of consumers being misled under certain conditions, that is if the consumer perceives this notice when taking note of the trademark. In the instant case, this designation was not adequate, such that the defendant could not rely on it.

The area of trademark law can at times be challenging and for a layman is often difficult to penetrate. At the same time, it is of great importance to carry out an accurate examination of the current possibilities and legal consequences. A breach of an existing trademark right can have substantial legal consequences. Similarly, it is important to proceed as quickly as possible in the event of a breach of one’s own trademark in order to avoid forfeiting any damages claims and to enforce injunctive relief.

A lawyer can help you stay on top of things and examine all legal possibilities on a case-by-case basis.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
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