The Frankfurt Higher Regional Court decides on the relationship between trademark and title protection law on the one hand and competition law on the other hand (Harry Potter)

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Frankfurt Higher Regional Court, Harry Potter, Case n° 11 U (Kart) 5/06, 17 April 2007 (German)

On 11 April 2007, the German Higher Regional Court of Frankfurt issued a decision on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand [1]. The question at stake was whether restrictive clauses concerning the distribution of products protected by copyright, trademark or title protection law were prohibited according to Art. 81(1) EC. Facts The plaintiff was the liquidator of Achterbahn AG (Achterbahn), the German book publisher having filed for insolvency in autumn 2002. Achterbahn used to operate also in the field of merchandising. The defendant was Eichborn AG (Eichborn), another German book publisher. Part of the shares in Eichborn were held by Achterbahn. On 30 November 2000, Achterbahn had concluded two

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Petra Linsmeier, Moritz Lichtenegger, The Frankfurt Higher Regional Court decides on the relationship between trademark and title protection law on the one hand and competition law on the other hand (Harry Potter), 17 April 2007, e-Competitions April 2007, Art. N° 21236

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