The German Federal Supreme Court decides about venue of German courts in case of international trademark infringement (“Oscar”)

In a decision of March 8, 2012 the German Federal Supreme Court concluded that in international trademark infringement cases the jurisdiction of German courts is only given if there is a relevant infringement within Germany. This requires a “commercial effect” in Germany. It has to be determined whether the infringement can be avoided which is questionable in the case of a TV transmission via satellite which unavoidably is receivable in many countries. Furthermore it has to be taken into account, whether the impact on the trademark is substantial, for example because the trademark infringer is deliberately profiting from the accessibility in Germany. Since this was not clear to the Supreme Court the case has been referred back to the Higher Regional Court.