District Court Hamburg - Exhibition on trade fair constitutes an offering - „wind turbine blade“

In a judgment rendered on April 26, 2018 (docket no. 327 O 479/19, GRUR-Prax 2018, 285), the District Court Hamburg accepts for the area of patent law that exhibition of a product on a domestic trade fair usually constitutes an “offering” (this is also accepted by the Court of Appeals Düsseldorf, BeckRS 2014, 16067 - “sterile container”). The I. Senate of the Federal Supreme Court, however, denies such general rule for the areas of trademark (GRUR 2010, 1103 - „candies’ form II“), unfair competition (GRUR 2015, 603 - “cookies bar”) and copyright law (GRUR 2017, 793 - “Mart-Stam-chair”). In the case decided by the District Court Hamburg, a product was exhibited on the “WindEnergy Hamburg” fair. The fair was visited by professionals from around the world.