Hirscher helmet affair: Now the verdict is here

What is it about? Hirscher resigned in September 2019, after which Erste Bank published entries on Facebook and Instagram with the text “if you believe in yourself” and “#glaubandich”. Hirscher's sponsor is Raiffeisen, the competitor of Erste Bank. Because Hirscher can be seen in the video with his helmet - which has the Raiffeisen logo on it - Raiffeisen saw a violation of trademark law and a conscious violation of its exclusive contract with Hirscher. Now there has been a ruling in court: The Vienna Higher Regional Court has issued an interim injunction from Raiffeisen against Erste Bank in the second instance. The Vienna Commercial Court had rejected Raiffeisen's application, which had been submitted following the competitor's social media postings. Interim disposal According to a press release on Tuesday, the Vienna Higher Regional Court decided that Erste Bank was unlawfully advertising for itself in September 2019 by posting Hirscher's helmet with the Raiffeisen gable cross logo along with the text "if you believe in yourself" and "#glaubandich". made my own company. According to the Trademark Protection Act, the “use” of a trademark also includes using it in advertising. Therefore, it is not just the labeling of goods or services that constitutes brand “use”. The Higher Regional Court also has no doubt that Erste Bank's publications had the purpose of advertising its own company. However, since only the owner of the trademark law is allowed to use the symbol, there is a violation of trademark law. This OLG decision can be appealed to the Supreme Court.

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Hirscher helmet affair: Now the verdict is here

In September, a case involving Marcel Hirscher caused a stir in Austria: The ski star - together with his sponsor Raiffeisen - sued Erste Bank for a trademark violation. Now the verdict is here.

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