The Court’s judgment ruled that when online users search for the product of a certain manufacturer, Amazon may also display the competing products of other manufacturers.
Bicycle bags and rucksacks company Ortlieb argued that only its products should be displayed in Amazon searches when searching for Ortlieb.
Reed Smith partner Dr. Alexander Klett said: “We are pleased with the decision which is a vitally important ruling for our client. The German Federal Supreme Court previously ruled that in an online search if a product is clearly marked and can without difficulty be recognised as a competitor then it does not violate trademark and competition law. The ruling of June 6 confirmed that Amazon follows this guidance.”
The Reed Smith team advising on the matter was led in Munich by partner Dr. Alexander Klett and associates Christoph Mikyska and Ricarda Walther. All three sit within the firm’s IP, Tech and Data Industry Group.
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