Pralinenform II, Federal Court of Justice (Bundesgerichtshof), 22 April 2010
May 29, 2012
The presentation of a product at an exhibition within Germany, constitutes use of the shape of the product (protected by trademark law) in the course of trade for advertising purposes, and this is therefore no "offering" or "putting on the market" that product in Germany . Rather, evidence must be provided which shows that the exhibitor had "invited customers to purchase".
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