(No) damage due to illegal use of a foreign brand?
If the brand owner does not use a monetary recycling of his trademark law, the right to compensation is also exposed. In the event of an illegal use of a foreign brand, the brand owner is generally entitled to a claim for damages in addition to an injunctive relief and information if the violator can be charged with fault.
The brand owner can determine the damage in three ways by means of the so -called triple damage calculation. He can request the damage actually incurred, including the lost profit, which the violator profit or a fictional license fee made.
The OLG Düsseldorf (judgment of November 19, 2020 - 20 U 152/16) has now decided that a claim for damages is eliminated if the use of the brand is only offered free of charge.
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