By Michael Terhaag LL.M. und Christian Schwarz, Attorneys-at-Law
We are happy to report about a great success of our firm regarding the department for fashion and design law. Our attorneys enforced at the civil court Landgericht Düsseldorf a confirmation of a prohibition order and also claimed compensation for design violations as high as 50.000 Euro (settlement deal).
The opponent pledged himself to stop selling the specific pullover – regarding every color. He was offering the knitwear in three colors: Stone grey, taupe and military. The provisional order therefore obtained legal force.
It is not the only big case in design law in which our law firm succeeded during the last few years.
In 2011 we took action for an Italian client at the high civil court (Oberlandesgericht Düsseldorf) against a large European retail company. The court enjoined the distribution of a button-shirt.
In 2015 we worked for a Swiss client and succeeded for example in a case at Landesgericht Düsseldorf again. The opponent sold a blouse with flamingo patterns which were defining the design. The shirt looked very much alike our client’s product who put the blouse to the market much earlier. The verdict (Landgericht Düsseldorf, 2. Juli 2015, ref. 14c 55/15) was quoted in professional publications and on several websites of legal colleagues around Germany.