BGH “LA BIOSTHETIQUE”: German courts have jurisdiction for targeted online advertising – supplier disclosure may be disproportionate

The BGH aligns international jurisdiction for online trademark infringement with the target market: what matters is where the addressed consumers/traders are located—not the server location or the advertiser’s seat. It also held that disclosure of suppliers/prior owners may exceptionally be disproportionate where the infringement lies solely in the presentation of exhausted goods.

“Bayern Bazi” Lacks Distinctiveness

The German Federal Patent Court upheld the refusal of the word mark “Bayern Bazi.” The combination of a geographical indication (“Bayern”) and a dialect term (“Bazi”) is perceived as a purely descriptive message (“particularly Bavarian/from Bavaria”), not as an indicator of commercial origin. Prior registrations did not help because the sign lacks a distinctive, imaginative character.

Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

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