BBS Wins Court Case Against Competitor
Three years of litigation about breach of styling rights and unauthorised copying in accordance with paragraph 1 UWG (law on unfair competition) have ended with a verdict in favour of BBS by the Federal Court of Justice, so announces the wheel manufacturer. BBS had sued an Italian manufacturer for producing and distributing an imitation of the BBS RX wheel and for damages. Following the defendant’s reply, an expert opinion on the design and a hearing at the provincial law court in Frankfurt the BBS case was to a large extent conceded: The wheel made by the Italian producer was declared to be an imitation of the new BBS RX wheel, which is new, original and therefore protected.
There followed an appeal, several postponements and the exchange of a number of documents at the higher provincial court in Frankfurt, and then this verdict: The appeal of the Italian manufacturer was rejected; there was no serious doubt that it was a copy, and appeal to the Federal Court was not allowed. The costs have to be borne by the appellant. Therefore the verdict of the higher provincial court in Frankfurt of 19th November 1998 has the force of law.