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Fatboy
The Oberlandesgericht Frankfurt (Decision of 11.02.2016, Az: 6 U 16/15) decided about the impairment of a search function of an online sales platform. Therewith, an impairment of the use of the indication-of-origin function of a foreign trademark occurs in case the search function of the online sales platform is affected in a way that with the input of trademark as a search term a hit list appears which comprises offers for goods which do not originate from goods of the owner of the trademark. The Oberlandesgericht thereby assumes a case of a so called dual identity according to Article 9 Abs. 1 S. 2 lit. a) CTM. This prescription „allows the owner to prohibit third parties to use a mark in commercial practice for goods and services which are identical to the registered goods and services without the approval of the owner”. Thereby, the relevant public is manipulated such that a discrimination of products of diverse companies cannot be differentiated. An injunctive relief can be claimed due to this facts of the case.