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No preliminary injunction if defendant has already stopped infringement (Germany)


The Regional High Court of Nuremberg (Germany) rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the time when the applicant (plaintiff) was seeking injunctive relief (judgment of 10 October 2018, 3 W 1932/18). The decision is notable, because other German courts have dealt so far with cases where the defendant also stopped the infringement, but in connection with certain time-dependent events. For example, if the plaintiff asks the court to issue an interim injunction against certain acts committed by the defendant at a specific trade fair, the matter is not urgent if the trade fair has been terminated yet. In the present case, the court took a step forward by deciding that the stop of the infringement as such is sufficient to dispel the urgency.

Sascha Abrar analyses the decision for Kluwer Trademark Blog and also for the next edition of GRUR-Prax (24/2018).