Heitec vs. Heitech III – Kather Augenstein succeeds with landmark decision in trade mark law before the Federal Court of Justice (BGH)
In the trademark infringement proceedings between HEITEC AG and HEITECH Promotion GmbH, the European Court of Justice has confirmed our legal views in its judgement of 19 May 2022. Now, the Federal Court of Justice has, based on the specific facts of the case, also agreed with our client, Heitech Promotion GmbH, so that the action brought by Heitec AG has been dismissed with final effect.
Trade mark owners must therefore follow up on infringements within five years at the latest, otherwise their claims are forfeited, including secondary claims such as damages or recall. In particular, out-of-court measures do not extend this time limit if the trade mark owner does not go to court within a reasonable period of time. Detailed information on the facts of the case and the reasons for the decision can be read again here and in our blog post.Both decisions are expected to shape case law in the coming years on the issue of forfeiture in trade mark law, as decisions of the highest courts, in particular involving the ECJ, are extremely rare.
“We are pleased that the Federal Supreme Court has now also followed our view and that we were able to bring this legal case to a successful close after almost nine years,” said Dr Christof Augenstein. “It shows that Kather Augenstein is also a first address for complex trade mark disputes.”