claim for information about distribution

According to Paragraph 19, Trademark Law, the owner of a brand has the right to claim the origin and distribution of the illegally indicated goods against the violator. Apart from that, the court grants the trademark owner a dependant claim for information, as an auxiliary claim for his reparation, from the trademark dispute.

Paragraph 14, 15 or 17, Trademark Law, outlines the characteristics of the violations that have to be present before you have the right to claim for information, (Paragraph 19, Trademark Law.) There must be a violation of the trademark, either through a non-distinguishable brand or title, or real copy pirating. Paragraph 19, Trademark Law, does not require pre-meditative action, so everyone who is involved with trademark violations is obliged to give information. This applies also to retailers who acted in good faith, but not to end consumers, who purchased the product for purely private purposes. Those with permission to give information are only the trademark owner but not the licensee, unless he has special rights from the trademark owner.

Today, the dependant claim for information is a customary law, recognized and taken from Paragraph 242, of the German Civil Code. However, areas such as copyright law, competition rights and patent law, may have other regulations. The dependant claim for information presupposes a payment of damages and an enriching claim. Thus, it serves only to determine the value of the claim of reparation. This information claim is dependent to the claim of reparation. The information is to be given in writing and can, according to Paragraph 19, Clause 3, Trademark Law, also be pushed through by way of a provisional order. According to Paragraph 259 & 260, Clause 2, German Civil Code, one is entitled from the information debtor, that he delivers an oath over the correctness of his information, if justified doubts about the correctness of the declaration exist. The information debtor is only obliged to give information about the known violation. Only in exceptional cases has he to incriminate himself and give more information about violations of the trademark.

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