Munich Regional Court I has confirmed an interim injunction issued by Fritzbox manufacturer AVM. This prohibits the online retailer Woog from equipping the routers (“Fritzboxes”) from remaining provider stocks with the latest firmware and then selling them on the market. The boxes themselves were equipped with firmware that limited the functions via software (special edition of the Fritzbox 6490 Cable) with a view to exclusive distribution via the providers. The manufacturer AVM challenged this practice on the basis of its trademark rights to the “Fritzbox” sign and has now been proven right at first instance. Among other things, the online retailer had argued environmental aspects in its favor. However, the court did not accept these arguments as they did not constitute a right to infringe third-party trademark rights. It is to be expected that the matter will also be decided in a further instance (Munich Regional Court, judgment of 14 May 2020, Ref.: 17 HK O 1703/20).
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.