Porsche Mark In Advertisement By Third Parties

PORSCHE mark in advertisement by third parties (December 2004). The German Federal Supreme Court has recently provided clarification over the issue of using a mark in advertisement by third parties. Porsche objected to the use of their PORSCHE mark in the advertisement of an aluminium wheels manufacturer in a magazine. In the view of Porsche, this created an association, and was therefore the case of unlawful comparative advertisement and trademark infringement, considering that it was not necessary to show the PORSCHE trademark. The German Federal Supreme Court argued, instead, that it was necessary for the purpose of the advertisement to show the wheels on a sports car while showing the trademark, in order to allow the potential buyer to get an overall aesthetic impression. The use of the trademark was therefore not contrary to fair trade practice. It was also not the case of unfair comparative advertising as the products of the defendant were in no way compared to those of Porsche.