German court outlines trade mark function rules in Opel case
05 July 2010
Managing Intellectual Property
Germany’s highest civil court, the Bundesgerichtshof, has published its full decision in the Opel Blitz II case, which it ruled on in January.
The closely watched case was a dispute between a car manufacturer and the maker of model cars.
Following a ruling from the Court of Justice of the EU, the German Federal Supreme Court said that car markets cannot use trade mark rights to stop scale models being distributed. Its full decision was published last week.
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