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A violation of the corporate name "Otto" is not present, because the address by the four local burger guests "Burger Otto" would not be badociated with the Otto plate of the sales company by correspondence, decided the commercial court of the district court. An appeal may be the subject of appeal against judgment
The fields of activity are too different
It was also decisive for the decision that the areas of activity the two companies are too different, added a spokesman for the court. In addition, "Otto" is a common name and surname, so there is no risk of confusion in the mind of the House. The mail order company sued the restaurant sector for infringement of naming and trademark rights. According to a spokesperson, the mail order company wants to wait for the written notice before deciding on other steps: If the company uses the name "Otto" with other companies, it will check "in each individual case" if there is a violation of the naming rights; The legal consequences were drawn, explained the spokesperson: "In the past, there was generally agreement with the companies concerned," he added.The value in dispute in this case was 750,000 euros.
Otto's Burger, "Daniel MacGowan, operates four restaurants in the Hanseatic city and calls Nam the creation of a supposed burger inventor named Otto Kuase." He was very relieved, said MacGowan. He had never seen a likelihood of confusion by the choice of the name and is confirmed by the court.In September, the restaurateur wants to open a branch in Cologne
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