BGH awards damages for test seal trademark infringement
Manufacturers, though generally keen to cite test verdicts and seals of approval as a means of establishing the quality of their products, are no longer allowed to use a test logo if a more recent test has since been conducted. One of the key indicators of the quality of a product for consumers are verdicts and seals of approval from tests conducted by respected organizations, which is why manufacturers like to make use of them. However, the use of a test logo is deemed to be improper if the results of a more recent test featuring modified test criteria have since been made available. That was the verdict of the Bundesgerichtshof (BGH) – Germany’s Federal Supreme Court – in a judgment from December 16, 2021 (case ref.: I ZR 201/20). We at the commercial law firm MTR Rechtsanwälte note that improper use of a test verdict or seal of approval may entitle the trademark owner to claim damages. The plaintiff in this case was the publisher of a consumer magazine that thoroughly examines p...