Case number and/or case name
BGH, 22.4 2010 - I ZR 89/08
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
21 April 2010
CJEU's case law cited by the court
Summary
The plaintiff, the Daimler AG seated in Germany, claims for injunctive relief concerning the utilisation of her German registered designs and Community designs (Gemeinschaftsgeschmacksmuster) for enlarged limousines under the designation “S-Klasse”. The defendant holds a similar registered design (Sammelgeschmacksmuster) and distributes enlarged and armored limousines based on the plaintiff’s vehicle “S-Klasse”. The plaintiff claims for injunctive relief and damages.
Applying Art. 8 (2) Rome II-Regulation, the Court held that the respondent was obliged to refrain from the usage of the registered designs for the reconstruction of limousines. The Court further granted damages with respect to the patent infringement that had taken place in Germany (lex loci protectionis).