MUNICH (August 1, 2016) – Global law firm Reed Smith has secured yet another victory at the German Federal Supreme Court (Bundesgerichtshof) for Austrian watchmaker Pierre Petit (part of the Jacques Lemans group) against the continued attack by the well-known German pen and watch company, Montblanc. The Reed Smith team included Dr Alexander Klett and Kathrin Schlüter.
Montblanc initially tried to obtain a preliminary injunction against Jacques Lemans based on alleged infringement of its snowcap logo mark by Hexalobular or TORX® screws at the four outer corners of the watchcase of certain Jacques Lemans watches. Montblanc lost before the Hamburg Civil Court and the Hamburg Court of Appeals.
Subsequently, Montblanc attacked the affiliate Pierre Petit with the same claims regarding Pierre Petit watches with a similar design, but this time in a main proceeding.
The Cologne Civil Court rejected the claims in December 2014. Montblanc appealed. The Cologne Court of Appeals rejected the appeal in August 2015, confirming once more that the screws are either functional or at least ornamental, but will be noticed by the public as screws, and not as an indication of origin of a watch – hence they cannot constitute infringement of the Montblanc snowcap logo mark.
Montblanc filed a complaint to the German Federal Supreme Court against the refusal by the Cologne Court of Appeals to allow a further appeal to the Federal Supreme Court. On 21 July 2016, the Federal Supreme Court rejected this complaint. The matter has now come to a close.