tag:blogger.com,1999:blog-5574479.post8861691118780233440..comments2024-03-29T11:10:02.290+00:00Comments on The IPKat: BGH: if it looks the same, it must have the same qualityVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-41420018101053922502010-11-03T21:43:37.885+00:002010-11-03T21:43:37.885+00:00I, of course, realize that the German courts are n...I, of course, realize that the German courts are not bound by U.S. law or the reasoning of its courts. However, how can the reasoning that was used here be considered to be sound in view of the counterarguments that prevailed in TrafFix Devices, Inc. v. Marketing Displays, Inc.?<br /><br />A feature that is functional and protected by patent long enough to be associated in the minds of consumers with the patent owner, can then become protectable as a quasi-trademark of the patent owner, potentially in perpetuity? In addition, the quasi-trademark right does not extend to precise copies of the functional features, but only to 'poor' copies of those functional features?<br /><br />If a look-alike creates an association with a market leader due to functional limitations, how does requiring that the product be comparable, particularly quality wise, foster compeition? Quality is not an unbounded good, and there can be rational reasons to trade off quality in view of factors such as price.<br /><br />Completely bizarre...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26352971865658239242010-11-03T17:15:55.770+00:002010-11-03T17:15:55.770+00:00Maybe there's a new market for Lego...Maybe there's a new market for Lego...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20115889684791007522010-11-03T15:12:16.466+00:002010-11-03T15:12:16.466+00:00"wettbewerbliche Eigenart".... how about..."wettbewerbliche Eigenart".... how about "competitve uniqueness"? This is in the context of Article 4(9) UWG, isn't it. Very interesting decision.Birgit Clarkhttps://www.blogger.com/profile/02822674465997696890noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22233474630924492722010-11-03T12:19:07.671+00:002010-11-03T12:19:07.671+00:00That doesn't sound right. Once a patent expire...That doesn't sound right. Once a patent expires, anyone ought to be able to make the invention of whatever quality. And comparative advertising doesn't have to be between products of equal quality.mcvootynoreply@blogger.com