- The Use of a Third-Party Brand Name for One's Own Advertising
- July 8, 2013
- Law Firm: GRP Rainer LLP
- The use of third-party brands in one’s own advertising can lead to a cease and desist order from the trademark holder.
GRP Rainer Attorneys and Tax Accountants in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: In its judgment from 21 March 2013 (No.: 6 U 170/12), the higher regional court of Frankfurt has decided that a cease and desist order respective to the trademark regulation may be issued to store owners if third-party brand names are used as part of store advertising. The defendant used signs for advertising on which the brand name of the plaintiff was placed which the defendant then used to advertise goods. In such a case, there is a risk that prospective customers may assume that there is a contractual relationship between the retailer and the owner of the trademark according to the opinion of the Court.
The plaintiff, who so far has sold their products to exclusive partners, saw a violation of this The Court also confirmed this view that there would be possible damage to the plaintiff’s image. Even in the event of a contractual relationship between the plaintiff’s companies and the defendant this does not mean that other brands may appear on advertising signs in addition to the trademark of the plaintiff.
Furthermore, the Court notes that a notice in the window of a dealer with a non-existent relationship only under certain conditions affects the risk of misleading customers, specifically when customers then perceive such notice within the framework of their acknowledgment of a certain brand.
The matter of trademark rights may sometimes cause problems and is often difficult to understand for those without experience in trademark law. In relation to existing case scenarios and legal consequences, it is of particularly great importance to make an accurate assessment. The violation of existing trademark law can lead to severe legal consequences. Similarly, is it important in the case of a violation of the own’s own brand to proceed as quickly as possible so as not to forfeit claims and to enforce an injunction.
An attorney can help keep track and examine all legal possibilities in individual cases.