Case details potential strategies for brand proprietors
Sports Brand Wins Landmark Case Against Logistics Provider in Duesseldorf
In a significant ruling, the Higher Regional Court of Duesseldorf has found a logistics provider liable for trademark infringement in Germany. The case involves a "worldwide known" sports brand with registered EU trademarks, specifically involved with football jerseys.
The sports manufacturer took issue with the logistics provider over allowing other logistics companies based outside of the EU to use her address for dispatching goods to customers in Germany and as a return warehouse. Through test purchases, the manufacturer found that trademark-infringing goods were being supplied to German customers through the logistics provider.
Dr. Fabian Klein of Pinsent Masons commented on the court's decision, stating that the court did not accept excuses from the logistics provider and found it essential in the fake products being shipped to Germany. Klein also suggested that this court comment could be important for brand owners, as it could help them object to items being brought into the EEA and potentially simplify claims against intermediaries.
The Duesseldorf court rejected the logistics provider's appeal, finding that the conditions for third-party infringement under German law (Störerhaftung) were still met. The logistics provider argued that providing her address was not sufficient to show trademark infringement and that it would be burdensome to audit every parcel.
This ruling continues the trend of holding intermediaries accountable for IP infringements. In the Louboutin case, the Court of Justice of the EU (CJEU) ruled that online marketplace operator Amazon could be held responsible for counterfeit goods sold on its platform. Amazon was held responsible not only for allowing infringing third-party offers on its website but also for providing additional services such as warehousing, shipping, and help with advertising.
Klein highlighted a specific side note from the court: every parcel with a branded article received by an individual customer in the EEA but originating from outside the EEA can be regarded as an infringement. This ruling builds on earlier case law relevant to online marketplaces, such as the Louboutin case.
The Duesseldorf court ruling is a reminder to logistics providers and online marketplaces that they can no longer turn a blind eye to trademark infringement. Brand owners now have a powerful tool to protect their intellectual property rights, and intermediaries must take responsibility for the goods they facilitate.
Read also:
- User Data Analysis on Epic Games Store
- Rachel Reeves conducts a discussion with Scott Bessent and financial executives, focusing on investment matters
- Hyundai accelerates production plans: Introducing 7 new N models, aiming for a sales figure of 100,000 units by 2030.
- Yasa, an electric car engine producer, plans to broaden its operations.
