I was just writing another post on costs in court proceedings when I learned of another BGH ruling on questions of costs law and abuse of rights.
Thus, the Bundesgerichtshof (Federal Court of Justice) has held that the prosecution of competition claims under competition law as a result of various advertising measures in various courts does not imply any abuse of rights within the meaning of Paragraph 8(8) of the 4 If, as a result of successive changes in the advertising measures by the competitor due to competition law objections, the summary of the attack on all forms of infringement in proceedings for the has not been possible in its urgency. The successive pursuit of unfair competition law and trademark law claims against an advertising measure in separate proceedings for an interim injunction is also regularly not an indication of
abusive conduct because it is objectively justified by the considerable differences in the factual presentation and legal assessment of the respective infringements.
The defense of abuse of rights can be used and accepted by courts, as you can read here and here, for example. However, the case studies are now very extensive and it is often difficult to rely too much on the success of such an objection.
