The owner of the trademarks "Miss Austria", "Miss Oberösterreich" (Miss Upper Austria) and further Miss-marks granted a licence to the defendant to use these marks for five years. These trademarks – as one can guess – are registered for an organisation handling beauty contests and the elections of the most beautiful women in an area. The contract contains a clause that allows immediate cancellation of the licence if there is violation by the licensee of any contractual duty. It also prohibits competition by the licensee in this field outside the licence and the use of similar trademarks to those licensed.
