The Federal Court of Justice (BGH) has ruled that Amazon infringes the trademark rights of Ortlieb by placing ads on Google for the search terms “Ortlieb bicycle bag” and “Ortlieb pannier bag“, among others. In contrast to Amazon’s internal search, the consumer is misled if the products of the manufacturer Ortlieb do not appear exclusively after clicking on the ads placed by Amazon on Google. This was not the case in the case in question. Rather, customers were offered alternatives in addition to Ortlieb bags. In view of the different case law of the lower courts, the decision of the BGH provides a little more certainty in this and comparable constellations(press release of the BGH on the judgment of July 25, 2019, Ref.: I ZR 29/18).
Trademark application in bad faith as leverage in competition
Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.