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Separate prosecution of UWG claims not necessarily abused

I am currently writing a post on the costs in court proceedings,since I am aware of another BGH decision on questions of cost law and unfairness.

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 prosecution of fairness and trademark claims in separate proceedings of interim measures, which is directed against an advertising measure, does not regularly provide any indication of a
abusive conduct because it is objectively justified by the significant differences in the actual presentation and legal assessment of the infringements in which they are actually committed.

The means of defence of abuse can be used through and accepted by courts, as can be 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.


Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

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