Monday, 20 April 2020

Orth Kluth successful for the TÜV Markenverbund e. V. in the trademark law suit against the Netto-Online Shop (NeS GmbH)

In its decision, which is fully applicable, the Regional Court of Düsseldorf states that the rights from the well-known Union trademark "TÜV" are infringed if ladders are advertised with the text "TÜV tested" although no product certification by a TÜV company has taken place.

The background to the lawsuit is that the reputation of the well-known trade mark "TÜV" has been unfairly exploited. After the plaintiff had tried in vain to find an amicable solution, he commissioned Orth Kluth to file the suit. The regional court of Düsseldorf then prohibited NeS GmbH from advertising. With its objection that the ladders had been subjected to a conformity assessment by a TÜV company, the defendant did not get through, because the pure conformity assessment is not a test with informative value for future products. Accordingly, the statement "TÜV tested" requires more, namely a product certification with a test mark license by a TÜV company. The judgement of 08 April 2020, Az. 2a O 162/19, is not yet final.

Orth Kluth has been advising the TÜV Markenverbund e. V. for several years in the prosecution of trademark infringements. Orth Kluth has already successfully enforced several times in court for the TÜV Markenverbund e. V. the omission of contents violating trademark rights.

Dr. Kai-Michael König
T +49 211 60035-220