Toy car claim goes into reverse

Dr Jens Matthes and Christian W Liedtke of Linklaters LLP review the result for trademark owners of a recent case involving car-maker Opel

The first civil law senate of the Federal Court of Justice (Bundesgerichtshof, BGH), being inter alia responsible for trademark law, has handed down the following decision: the manufacturer of a motor car may, based on his trademark rights, not prohibit the distribution of miniature toy cars that are identical to its car and also bear its trademark in the adequate places (judgement of Opel Blitz II- I ZR 88/08).