Enforcement of BBS Trade Mark
We successfully represented BBS GmbH, a leading light alloy wheel manufacturer, in a trade mark dispute before the Market Court. The issue was whether a Finnish company had infringed the BBS trade mark by marketing and selling wheels and hub caps under a stylised 885 symbol. The Market Court upheld our infringement claim, prohibiting the defendant from continuing or repeating the infringement and ordering the defendant to pay reasonable compensation to our client.
The Market Court rejected the defence that a disclaimer on the defendant’s website was sufficient to remove the infringement, holding that there could still be post-sale confusion among third parties who see the 885 mark in use on a wheel. In considering the similarity of the marks, the Market Court took into account that the number 8 resembles the letter B and the number 5 resembles the letter S, especially given their visual presentation.
The ruling became final in spring 2017.