No Trade Mark Infringement at International Fair

According to established case law, the exhibition of products infringing intellectual property rights at a fair does not give rise to a presumption that such products are intended to be offered within Germany. The Regional Court (LG) Düsseldorf takes a different view in a recent decision, but ultimately concludes that the assumed risk of first infringement was successfully rebutted.

A British motor vehicle supplier exhibited automotive accessories under the designation "Continental Direct" at the Automechanika 2014, an international fair for the automotive industry in Frankfurt am Main. The entire stand and the distributed materials were presented in English language. Nevertheless, the company Continental, which is the proprietor of identically named Germantrade marks, objects to this and has taken proceedings against the exhibitor in interlocutory relief proceedings seeking a prohibitory injunction.

The court's decision

The Regional Court (LG) Düsseldorf initially granted the interlocutory relief, but subsequently revoked it in the opposition proceedings by judgment dated 28.01.2015 (Az. 2a O 250/14). In the court's view, the exhibition of goods infringing intellectual property rights at a fair held domestically regularly carries the risk that such goods are intended to be offered in the Federal Republic of Germany. However, the exhibitor successfully rebutted this risk. In the case of an international fair held in Germany to which a leading role for the entire industry is attributed, it is conceivable that the exhibitor's offer is not directed at purchasers from the country in which the fair is held. According to the court's statements, there is no general presumption that every exhibitor at a fair held domestically intends to offer his products on the domestic market.

Conclusion

With this decision, the Regional Court (LG) Düsseldorf is in principle in line with the Federal Court of Justice (BGH). The latter proceeds on the basis of established case law that the exhibition of products at a domestic fair does not give rise to a presumption that such products are intended to be offered within Germany. Only apparently does the Regional Court (LG) Düsseldorf reverse this principle to the contrary in order to view it as rebutted in light of the circumstances. In reality, however, the Regional Court (LG) Düsseldorf also proceeds from a burden of pleading and proof on the applicant, when it states that the latter would have had to rebut the exhibitor's submission. Nothing truly new, then, from Düsseldorf.