The German Federal Supreme Court obliges a bank to reveal the identity of a bank account holder in a trademark infringement matter

In a decision of October 21, 2015, (I ZR 51/12 – Davidoff Hot Water II) the German Federal Supreme Court had to deal with the case where obviously faked products, “Davidoff Hot Water”, have been distributed via eBay and the payment has been organized via the account of a bank. The bank has refused to reveal the identity of the account holder, relying on its obligation to banking confidentiality. The German Federal Supreme Court hereto has referred questions to the European Court of Justice. These questions have been answered and the German Federal Supreme Court has ruled that the bank has to disclose the identity of the bank account holder.