Tue, Nov. 06, 2007
Freight from China: IP Liability
CK - Washington. A freight forwarder is not contributorily liable, under German trademark law, for the violation of trademarks by simply failing to inspect shipped goods for infringement just because they originate in a country known for infringing goods.
Medien, Internet und Recht published the August 15, 2007 appellate decision from the OLG Hamburg court in the matter 5 U 188/06. The court ruled in favor of the freight forwarder also because the packing did not enable the shipper to observe infringing marks on the goods.
The court also held that a petition for a TRO in IP matters must be preceded by a case-and-desist demand unless such action were clearly and objectively futile. Under the German rule of costs--loser pays--, an unfounded petition can be an expensive exercise.
CK - Washington. A freight forwarder is not contributorily liable, under German trademark law, for the violation of trademarks by simply failing to inspect shipped goods for infringement just because they originate in a country known for infringing goods.
Medien, Internet und Recht published the August 15, 2007 appellate decision from the OLG Hamburg court in the matter 5 U 188/06. The court ruled in favor of the freight forwarder also because the packing did not enable the shipper to observe infringing marks on the goods.
The court also held that a petition for a TRO in IP matters must be preceded by a case-and-desist demand unless such action were clearly and objectively futile. Under the German rule of costs--loser pays--, an unfounded petition can be an expensive exercise.
CURRENT :: 2003 :: 2004 :: 2005 :: 2006 :: 2007 :: 2008 :: 2009 :: 2010 :: 2011
:: 2012
:: 2013
:: 2014
:: 2015
:: 2016
:: 2017
:: 2018
:: 2019
German Reports: