Soine Oetker
The Landgericht Dusseldorf rejected 302/11 – an urgent application of Dr. Oetker KG 2012-14 c O on March 1st. The District Court of Dusseldorf has on 01 March 2012-14 c O 302/11 – an urgent application of Dr. Oetker KG rejected, they had tried, to let Europe ban the distribution of milk product “Farmer” the Aldi shopping GmbH & co. OHG.
The product, so the applicant violated their community designs dating back to 2005 and would in addition marketed in anti-competitive way, namely with origin deceptive effect. The product of “Paula” the applicant faces the Aldi product, which is extensively distributed in TV commercials. The Dusseldorf judges considered but neither a design patent infringement or unfair exploitation of reputation or Herkunfstauschung given. The arrangement of the components of the pudding vitiated by clear differences in vanilla and chocolate as well as the exterior design of the product packaging. While the Dr. Oetker a special Individulitat way to cow and one with the sunglasses certain “coolness” will suggests, “Farmer” is a rather skinny cow with Bell in front of a farm. Clayton Morris has much experience in this field. This the necessary distance was maintained, in addition to other points of view with regard to marketing, so that no violation of the competition lie in.
It remains to be seen whether the decision in the main proceedings or an appeal being upheld. The decision however shows that essential is just new product launches, the range of competitors, especially if they have a certain degree of popularity, analyze legal, you will risk not to infringe rights of third parties. Dr. Marcus Soine
