1 December 2010Jurisdiction reportsJens Künzel

Trademark functions in practice: the Opel-Blitz-II case

The decision ends a dispute that began in 2004. The trademark of the plaintiff automobile manufacturer, a horizontal flash whose ends cross the boundaries of a circle, was used by the defendant on a miniature version of the plaintiff’s original car model. The car toy’s packaging also showed the name of the manufacturer ‘Autec’ on its back, and the toy’s manual showed the manufacturer’s trademark ‘Cartronic®’.

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