Preliminary injunction at trade fairs
If it is discovered at a trade fair that a company is offering products that may infringe the IP rights of another company, it is possible to apply for a preliminary injunction after an unsuccessful warning with a short deadline.
Such a court order can usually be issued at very short notice - often without hearing the other party beforehand.
The application for the issuance of a preliminary injunction must be submitted to the competent regional court.
How can IP rights owners protect themselves against infringements at trade fairs?
For companies that present products protected by trademarks, design rights or patents at trade fairs, it can be useful to gain an overview of other exhibitors and their product ranges in advance. Early observation or a tour at the start of the trade fair helps to identify potential infringements in good time.
It can also be advantageous to make legal preparations in advance with a patent attorney or IP lawyer in order to discuss suitable measures against possible infringements of rights at trade fairs in advance and then be able to act quickly and in a targeted manner if necessary.
If suspicious products or marks are discovered, relevant information about the issuing company and the potential infringement should be obtained and documented.
If there are clear indications of an infringement of IP rights, a preliminary injunction can be applied for after an unsuccessful warning.
What do one need to bear in mind with a preliminary injunction?
It must be clearly demonstrated to the competent court that immediate intervention is necessary (Verfügungsgrund) and in what way one's own property rights have been infringed (Verfügungsanspruch).
Urgency is deemed to exist if rapid intervention is required and the owner of the trademark / design / patent immediate steps to prevent the infringement of the IP right.
In such cases, the claim for an injunction typically arises from the fact that the product in question infringes an existing IPright. As a rule, this involves a claim for injunctive relief aimed at preventing further distribution of the product. In this way, however, infringing products can also be confiscated and a bailiff can be ordered to take them into custody.
Defense against allegations of intellectual property right infringement at trade fairs
If an exhibiting company is accused of infringing an IP right at a trade fair, it is important to contact a patent attorney or lawyer immediately and compile possible counter-arguments and have documents ready that prove the lawful use of the products or trademarks concerned. To ensure that these are taken into account by the court seized, the warning party should be replied to within the set deadline and a protective letter should be filed.
If a preliminary injunction is actually served, the initial court ban on the trade fair stand must be complied with. In a further step, it can then be examined which legal means are available for defense.
If it can already be assumed in the run-up to the trade fair that a preliminary injunction could be issued, it is advisable, in cooperation with a lawyer or patent attorney, to draw up a protective document that is filed with the court, which may result in a rejection or at least a hearing before the injunction is issued.
Regarding Philipp Henrichs:
Philipp Henrichs, Attorney at Law and Certified Intellectual Property Lawyer, studied law at the Heinrich Heine University in Düsseldorf and the Ruprecht Karls University in Heidelberg. He deals with the legal enforcement and defense of trademark, design, competition and copyright claims.