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Hamburg
The Otto Group loses its case against the Hamburg restaurant chain
The District Court rejects the complaint of the mail order company. There is no risk of confusion with Otto's Burger
Hamburg. The case is reminiscent of a clbadic David story against Goliath. In the years of legal dispute over naming rights, the retailer Hamburg Otto suffered a judicial defeat. The Hamburg District Court dismissed a lawsuit against the Otto & # 39; s Burger bakery based in Hamburg. A violation of the name of the company Otto is not present, because the name of the company Otto Burger is not badociated with the Otto plate of the mail order company, decided the room of questions District Court. In addition, according to the president of the court at the announcement Tuesday, Otto is a common first and last name. An appeal may be appealed against the verdict.
The conflict between unequal entrepreneurs has been going on since 2015. At that time, the business house sent a first warning to the Burger brothers. The group found a violation of its naming rights. An attempt to clarify the dispute amicably failed, among other things, because further expansion of the Hamburger chain should be banned. The founder of Otto Burger, Daniel MacGowan, did not want to accept that. Otto then filed the complaint. From the start of the trial, in early June, the court had raised doubts about a risk of confusion.
At Bramfelder headquarters, a spokesman said: "We will wait for the written justification, then check and decide how we proceed." For Otto, this is not the first legal dispute for violation of trademark rights. In 2013, the company sued the US cap maker Otto Cap – and was right. Aktuel
…. In the conflict between the Swiss discounter Otto and the German group Otto for the Swiss online presence, the comparative negotiations failed, according to a report by the "SonntagsZeitung". A court tried to persuade lawyers on both sides of a settlement, but to no avail. The Otto group intends to enter the Swiss online business under its own name. In the cantonal court of Lucerne last year, Otto had obtained a warning ban
. The case recalls a clbadic story between David and Goliath. In the years of legal dispute over naming rights, the retailer Hamburg Otto suffered a judicial defeat. The Hamburg District Court dismissed a lawsuit against the Otto & # 39; s Burger bakery based in Hamburg. A violation of the name of the company Otto is not present, because the name of the company Otto Burger is not badociated with the Otto plate of the mail order company, decided the room of questions District Court. In addition, according to the president of the court at the announcement Tuesday, Otto is a common first and last name. A call may be the subject of an appeal against the verdict.
The conflict between unequal entrepreneurs has been going on since 2015. At that time, the trading house had sent a first warning to the burger brothers. The group found a violation of its naming rights. An attempt to clarify the dispute amicably failed, among other things, because further expansion of the Hamburger chain should be banned. The founder of Otto Burger, Daniel MacGowan, did not want to accept that. Otto then filed the complaint. From the start of the trial, in early June, the court had raised doubts about a risk of confusion.
At Bramfelder headquarters, a spokesman said: "We will wait for the written justification, consider and then decide how we proceed." For Otto, this is not the first legal dispute for violation of trademark rights. In 2013, the company sued the US cap maker Otto Cap – and was right. Aktuel
…. In the conflict between the Swiss discounter Otto and the German band Otto for comparison of Swiss online presence failed, according to a report from the "SonntagsZeitung". A court tried to persuade lawyers on both sides of a settlement, but to no avail. The Otto group intends to enter the Swiss online business under its own name. In the cantonal court of Lucerne, last year, Otto had obtained a preventive ban
The case recalls a clbadic story of David against Goliath: during years of litigation over the naming rights of Hamburg, Otto suffered a judicial defeat. The Hamburg District Court dismissed a lawsuit against the Otto & # 39; s Burger bakery based in Hamburg. A violation of the company's logo Otto is not present, because the name of the company Otto's Burger addressed by the four Burger-local guests does not connect mentally with the Otto group, the Chamber of Commerce decided at the district court. A risk of confusion does not exist. The name of the court refers to the name and logo of the shipping company. In addition, according to Judge President Jürgen Kagelmann, Otto is a common name and surname.
The dispute between unequal counterparts has continued since 2015. At that time, the trading house had sent a first warning to the Burger-Brater. Attempts to resolve the dispute amicably have failed. The mail order company had sued the restoration company for trademark infringement and naming rights. In addition, there was suspicion of unfair competition.
Daniel MacGowan, one of the three founders of Otto & # 39; s Burger, was relieved after the verdict. "The intimidation tactic did not work," said the 37-year-old startup entrepreneur, highlighting a 60-page complaint with 70 points. He sees the verdict as a "victory of reason". MacGowan's always referred to the appointment of cook Otto Kuase, who would have invented the burger in the 19th century. In autumn, Otto 's Burger wants to open a fifth branch in Cologne
At Bramfelder' s Otto headquarters, one wants to first wait for the written verdict. "We are looking at this and then deciding how we will proceed," said Otto spokesman Frank Surholt. The losing party has one month to appeal the verdict. For Otto, this is not the first trial for trademark rights violations. The value in dispute in the case at issue was EUR 750 000
Page 6 A hamburger may be called Otto
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