Thu, Apr. 29, 2004
Trade Mark and Business Name
CK - Washington. The Law Blog in München discusses a German Supreme Court decision from the fall of 2003, case number I ZR 65/00, involving the equally strong rights in trade names under trademark law and business names under the law of names in §12 of the Civil Code. The author cautions never to assume that a trademark could be stronger than a business trade name and alerts to a the case now pending in the Supreme Court involving the claim by a business against the owner of a conflicting trademark. A key aspect of the October 9, 2003 ruling is the indication of origin which is a characteristic of both types of protection.
CK - Washington. The Law Blog in München discusses a German Supreme Court decision from the fall of 2003, case number I ZR 65/00, involving the equally strong rights in trade names under trademark law and business names under the law of names in §12 of the Civil Code. The author cautions never to assume that a trademark could be stronger than a business trade name and alerts to a the case now pending in the Supreme Court involving the claim by a business against the owner of a conflicting trademark. A key aspect of the October 9, 2003 ruling is the indication of origin which is a characteristic of both types of protection.
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