International law firm Bird & Bird has successfully represented Montblanc (part of the Richemont Group) before the German Federal Court of Justice (BGH) on an alleged copyright infringement case.
A lamp manufacturer claimed that a showcase light fixture sold by Montblanc had infringed its copyright. The lower courts judged the case differently, but the Copyright Senate of the Hamburg Higher Regional Court decided that no copyright infringement had occurred. During the appeal , the main issue was whether the Hamburg Higher Regional Court had correctly applied the relevant case law of the European Court of Justice (ECJ).
In its decision, the Federal Court of Justice confirmed the judgment of the Hamburg Higher Regional Court and recognised that the Court of Appeal had correctly decided the case and had also correctly applied the case law of the ECJ. The open question of interpretation asserted by the plaintiff was answered in the defendant's favour, therefore the BGH did not have to refer the matter to the ECJ again (a rare case known as "Acte Clair").
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