Trade fairs are a hot spot for imitation disputes. Injunctions are often obtained within hours.
Legal framework
- § 5 UWG also towards trade visitors; § 4 No. 3 UWG imitation
- Annex No. 22 UWG (B2C): advertising with an enclosed payment request
- Trade mark law: exhibiting can already be use
Case law
- BGH, 23 Oct 2014, I ZR 133/13 – presenting an imitation at a pure trade fair does not create a risk of first sale to consumers
Case examples
Injunction on day one
A manufacturer sees a copy of its product at a stand and obtains an injunction the same day. A protective letter could have ensured a hearing.
Fair directory invoice
Exhibitors receive “entry forms” for a fair directory that are in fact paid orders. Misleading.
