Article by Dr. Michael Rüberg and Lars Eggersdorfer in “Legal Era” on the judgement of the OLG Düsseldorf on the continued use of advertising after product modifications
If advertising material that was originally used for a patent-infringing product continues to be used as such, this may constitute an independent patent infringement. And this even if the advertised product has been technically modified in a way that a patent infringement is excluded.
BOEHMERT & BOEHMERT attorneys Dr. Michael Rüberg and Lars Eggersdorfer report on this judgement as well as a subsequent decision in a penalty payment proceeding of the Higher Regional Court of Düsseldorf in their article for the Indian trade journal “Legal Era” – combined with useful tips on how to deal with this problem in practice.
The full article in English entitled “Higher Regional Court of Dusseldorf decides on further use of advertising after product modification” is available online here.