*BGH on Opel Autec: Opel Logo On Toy Car No Indication Of Origin

The BGH has applied the ECJ’s Opel/Autec decision, finding that the use of Opel’s logo does not infringe Opel’s TM rights.

On the 14th of January the BGH (BGH, I ZR 88/08 – Opel-Blitz II) applied the ECJ’s decision (ECJ 25.1.2007, C-48/05, Opel/Autec), holding that neither the main (function of origin)  nor the other functions of Opel’s TMs (which Opel had not only registered for cars, but also for toys and thus also model cars) were infringed, as consumers would not understand the display of Opel’s logo on the toy car as an indication as to the origin of the model car, but only as a attempt of the toy maker to resemble the original car in as detailed a way as possible.

Thus I repeat my claim:

Let’s have British judges draft the references for preliminary rulings from the ECJ and German judges then implement the decisions.

For further coverage of this case: IPKat.