Deception regarding a supplier’s identity that does not cause a misconception about the origin within the trade mark proprietor’s business of a product advertised using the mark lies outside the scope of protection of the trade-mark’s origin-indicating function.
The fact that a certain brand manufacturer is among the vendors represented on an online marketplace can represent a main characteristic of this service offer within the meaning of Sec. 5(1) second sentence, second case, No. 1 of the Act against Unfair Competition.
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Official headnotes. Translated from the German by Allison Felmy.
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Trade Mark Act, Sec. 14(2), first sentence, Nos. 1, 2 and 3; Act against Unfair Competition, Sec. 5(1), first and second sentence, No. 1; Code of Civil Procedure, Sec. 253(2), No. 2. “Vorwerk”. IIC 52, 952–966 (2021). https://doi.org/10.1007/s40319-021-01093-3
- Misconception about origin
- Supplier’s identity deception
- Scope of protection
- Origin-indicating function
- Online marketplace
- Main characteristic of a service offer
- Unfair competition