Alternatively, packaging inks may resemble original

Alternatively, packaging inks may resemble original

The Bundesgerichtshof (BGH) has ruled that certain packaging of Pelikan
cartridges for Epson printers do not infringe competition law (case I ZR
48/10). On the packaging of the Epson cartridges a teddy bear in the
color of the ink is shown. Pelikan cartridges used for the packaging for
its teddy bears too.

That was not prohibited, the Supreme Court ruled otherwise, and picked
up a by case by the Higher Regional Court of Düsseldorf. A ban because
of the advantage of the reputation of the competitor will not come into
consideration. Under the relevant provisions of European law,
comparative advertising is permitted only if it reduces the foreign
product or denigrated. In otherwise permitted comparative advertising is
an advantage of the reputation of the competitor is often unavoidable.
In this specific case, however, would in particular the interests of
consumers are considered.

In the process, Epson had themselves stated that the owners of Epson
printers were based on the motifs. Therefore it must be Pelikan also
allowed to use similar visual motifs for his cartridges, ruled in charge
of competition law including First Civil Chamber of the Supreme Court.
For the labeling of cartridges for various printers rich the order is
not enough.