Trade mark infringement by combination of no-name and branded product

The arbitrary use of a (well-known) trade mark within the scope of an eBay offer or otherwise constitutes trade mark infringement even when goods of the trade mark proprietor are sold as part of a combination offer. In the view of the Regional Court (LG) Stuttgart, this constitutes an infringing exploitation of the reputation of the trade mark, which must be ceased.

Undoubtedly, the completely unrelated use of third-party trade marks within the scope of an online offer constitutes trade mark infringement. In this case, the use of the trade mark can only serve to influence search results and thus to attract attention to the offer.

The court's decision

The Regional Court (LG) Stuttgart (judgment of 22.06.2010, Az. 17 O 41/10) and communication function of the famous trade mark "Stihl" and thus constitutes an unlawful exploitation of reputation.

Conclusion

Combination offers using a well-known trade mark can, in the view of the LG Stuttgart, constitute an infringement of trade mark law. However, it must be countered that in the present case an original product of the trade mark "Stihl" was actually offered, although this was clearly intended to increase attention to the offer as such. In such cases, it may be necessary to examine carefully whether there are not perhaps legitimate interests for the combination of no-name and branded product, so that an unlawful exploitation of reputation can be ruled out. In any event, in light of the court's decision, the utmost care must be exercised in the design of the offer in order to avoid time-consuming and costly proceedings due to a trade mark infringement.