The Düsseldorf Regional Court ruled in its judgment of 3. November 2022 (14c O 21/21 – “Star Lighting”) a lawsuit against the sale of a similar chain of Christmas lights was dismissed due to anti-competitive protection against imitation.

Key message

A low priced one, seasonal decorative item, which is sold at the discounter under its trademark, has no competitive nature, if the traffic does not value its operational origins. Then there is also an avoidable misrepresentation of origin according to § 4 No.. 3 lit. a UWG.

Facts

The plaintiff delivered a chain of lights with ten 15-pointed stars to a discount store, The 2019 and 2021 was sold under its trademark; She was named as the importer on the bottom of the packaging. For the season 2020 The defendant was awarded the contract and delivered a very similar string of lights. The plaintiff demanded an injunction, Information and compensation; During the proceedings, it withdrew claims based on an unregistered Community design.

The decision

The chamber ruled in favor of the plaintiff, that she is the manufacturer of the original, and admitted, that there were no comparable arrangements when entering the market. Nevertheless, the competitive nature is missing: Competitive character is a prerequisite, that traffic values ​​the origin and is used to it, to draw conclusions about a specific manufacturer from design features. When it comes to an inexpensive seasonal item from a discount store, the focus is on price and pleasing design. Buyers rely on the retailer's purchasing department, assign the brand and presentation to the discounter and know, that he changes his suppliers.

Without competitive characteristics, there can be no deception about the company's origins. To the questions, whether there was imitation and whether the deception could have been avoided, so it no longer mattered.

Importance for practice

Suppliers of private label products can hardly rely on unfair competition protection against imitations. An early check is therefore recommended for seasonal goods, whether a registered design should be registered. This is a first instance judgment, which reflects the legal situation at the time of the decision.

Full text: District Court of Dusseldorf, File number 14c O 21/21

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