German Supreme Court BMW Ruling Strengthens Trademark Holders

摘要

A German Federal Court of Justice (BGH) ruling prohibiting the unauthorized distribution and resale of trademarked car badges by third party dealers has strengthened the legal position of rights holders while dealing a significant blow to the used car industry, attorneys told Bloomberg BNA on Sept. 2. The case (I ZR 153/14), decided on March 12 and published on Aug. 19, involved a third party spare parts dealer distributing without the rights holder's authorization, car badges imitating a trademarked logo. Judges ruled that the rights of third party dealers under European and German law to refer to the original trademark when advertising and distributing spare parts is not applicable when it comes to parts specifically embodying trademarks, i.e. emblems or badges.