tag:blogger.com,1999:blog-5574479.post6824823184698977598..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: Four Rings to Rule Them All – German Federal Court of Justice Finds Trademark Infringement in Radiator Grille with Audi-Logo-Shaped Mounting FixtureVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-70560674184501090392019-08-28T14:41:10.032+01:002019-08-28T14:41:10.032+01:00You could, for example, provide four small screw p...You could, for example, provide four small screw points or a set of flat surfaces for adhesion (or however the actual logo is mounted) that do not themselves resemble the four rings. Hence building the appearance of four rings into the grill is not necessary.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-9444731270440979592019-08-21T07:17:59.758+01:002019-08-21T07:17:59.758+01:00I have not read the decision of the lower court, b...I have not read the decision of the lower court, but the finding that a fixture in the form of the Audi logo is not "necessary" to inform the buyer about the destination of the product seems arguable to me - the same can indeed be conveyed easily in the product description and without using the four rings. <br />With regard to the practical "necessity" of a given form (so that the spare part looks like an original spare part once the logo is fixed), the decision mentions in para. 45 that appellant has not argued that such practical necessity existed. The court thus assumed that alternative forms were possible and did not examine this question any further.Peter Linghttps://www.blogger.com/profile/07472024416806966100noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-50262133043425463612019-08-20T12:07:48.397+01:002019-08-20T12:07:48.397+01:00If only the VW subsidiary could be as supercilious...If only the VW subsidiary could be as supercilious in achieving emissions standards as it is in protecting its brand...<br /><br />The brand "Audi" is itself a trademark circumvention. Founder August Horch had lost the rights to his own name when he was forced out of the first company he founded. "Audi" is the literal Latin translation of the imperative "Horch" (="Hear!", in modern German "Hör!")<br /><br />Just checked EBAY US and DE. There are plenty of offers for radiator grilles with a full logo, some of them purporting to be genuine parts, or with a cutout in the style of exhibit of the case. Some sellers mask or blur the logo. A few grilles are plain.<br /><br />I would have never thunk there was so much business in peddling Audi radiator grilles, but Ingolstadt does sell 1.9 million of their guzzlers every year, which yields some opportunities.<br />Roufousse T. Fairflynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-88611134372593525732019-08-20T11:06:11.655+01:002019-08-20T11:06:11.655+01:00Could you please provide the reasoning why the low...Could you please provide the reasoning why the lower court did not consider the mounting fixture as “necessary”. I find this point particlarly difficult to follow as spare parts usually resemble or ar identical to the original parts. Anonymousnoreply@blogger.com