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SASCHA ABRAR FOR KLUWER TRADEMARK BLOG

CUSTOMS DETENTION IN THE ABSENCE OF TRADE MARK INFRINGEMENT DOES NOT CONSTITUTE UNFAIR COMPETITION

The Regional Court of Munich was asked to decide on the question if an application for action by a right holder, based on the Customs Enforcement Regulation No. 608/2013 (“Customs Enforcement Regulation”), constitutes a dishonest obstruction of a competitor’s business under German unfair competition law. The court rejected the claim arguing that the provisions of the Customs Enforcement Regulation should not be circumvented by national unfair competition law (judgment of 30 July 2018, 33 O 7422/17).

Sascha Abrar investigates for Kluwer Trademark Blog that the decision is well reasoned and supports the position of right owners.