Trade Marks (Expropriation) Case

Docket NumberCase No. 12
Date20 Diciembre 1949
CourtObsolete Court (Germany)
Germany (British Zone), Court of Appeal of Dússeldorf.
Case No. 12
Trade Marks (Expropriation) Case.

Recognition of Foreign Legislation — Limits of — Confiscation — Effect of Confiscation without Compensation — Loss of Business and Trade-Mark — Loss of Trade-Mark in Soviet Zone of Germany — Whether Effective in Western Zones of Germany — Continued User of Trade-Mark in Western Zones.

The Facts.—The applicants had been the owners of a business in the Soviet zone of Germany and of a trade-mark connected therewith. On November 19, 1946, their business was confiscated by order of the Soviet military authorities, and the State enterprise for whose benefit the confiscation had been ordered claimed to be entitled to use the applicants' trade-mark in the Western zones of Germany. The applicants applied for an injunction to restrain such user.

Held: that, as the confiscation of the applicants' business was of no effect outside the territory of the Soviet zone and as the right of user of the trade-mark could properly be regarded as divisible, that part of the right of user which related to territory outside the Soviet zone was vested in the applicants, and the applicants were therefore entitled to the injunction claimed. The Court said:

“… the firm name, trade-mark and the get-up of goods are rights of incorporeal property and as such not situate in any particular locality. It is...

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