Press release LG Nuremberg: Summary proceedings: eBay may exclude the extreme right clothes
The Internet platform, eBay has trade in certain, the far-right scene associated clothing brands locked. The Company, which includes these brands, contrast, sought an injunction and thus failed in the first instance before the Landgericht Nürnberg-Fürth.
The brands of the applicant had been described by some media as a recognition of the extreme right clothing. The Internet platform eBay then entered into these brands of current and future auctions products from. In contrast, the trademark owner defends. It denies, that is connected to the far-right scene and argues, that although they themselves expelling the products only to distributors, The sale of the middlemen in the retail successes but 25 % on eBay. Lies in the closure discrimination through eBay as a dominant company and an illegal boycott. The trademark owner has therefore requested, eBay to ban it in the way of an injunction, exclude their designated by the marks in conflict from the sale of products over the Internet marketplace eBay.
The Landgericht Nürnberg-Fürth this application by judgment of 17.5.2013 rejected.
According to the court are already the conditions for a decision on interim is not legal protection against. The method of the originals ¤ CASUAL legal protection only serves to securing AnsprÃ ¼ weeks until the decision in the so called. Main proceedings. Dignity eBay Â "einstweilenÂ" judicially compelled, to allow the sale pending a decision on the merits, KÃ ¶ rÃ ¼ no longer could the ckgÃ ¤ be made ineffective, even if they should prove, that the goods of the monasteries were low ¤ rightly excluded from the sale. As a result, ¼ rde this would therefore anticipate the main thing, which is a resident only in special cases Zula AusnahmefÃ ¤ ¤. According to the court weighs in the specific case of the Fa. eBay imminent harm, to be associated with that is popular in extreme right-wing circles clothes, heavier than any decline in sales of the applicant.
Moreover, it was not a question on eBay by a dominant company within the meaning of competition law, because the relevant market included other Internet platforms and online shops. It therefore existed for the applicant also reasonable alternatives. As far as the defendant act to protect their name, lacked an unfair hindrance of the applicant. Finally, there would be no competition between the parties and relationship. It, whether the applicant is classified as a right-wing extremist, therefore do not come at it.
The judgment is not final. The applicant may appeal to the Higher Regional Court of Nuremberg.
(Landgericht Nürnberg-Fürth, Urt. from 17.5.2013, The. 4 HK 1975/13)