In the legal dispute between the router manufacturer AVM and the dealer Woog for used Fritz boxes, the hearing took place on Thursday. However, the competent chamber of the Munich I Regional Court has not yet issued a judgment. This will only be announced on May 14, a spokeswoman for the court announced.
The dispute involves around 20,000 used Fritz boxes of the 6490 Cable type, which were originally rented to its customers by network operator Unitymedia. Woog replaced the Unitymedia-specific and outdated firmware of these boxes with the current software that AVM developed for the version of the device that is available on the open market. In February, AVM obtained an injunction against the further sale of the modified router at the Munich I Regional Court.
Another chamber of this court now decides whether the sales ban remains or is lifted. The central question is whether AVM, as the owner of the Fritzbox brand, may prohibit sales. According to the EU trade mark regulation, this is particularly the case "if the condition of the goods has changed or deteriorated after being placed on the market".
Both sides optimistic
According to the court spokeswoman, the main question at the hearing was whether Woog only installed a permissible update or whether the boxes were manipulated by the update and other actions. "It was also discussed for a long time whether the argument of environmental protection plays a role in the balancing of interests in Art. 15 Para. 2 EUTMR or not."
Oliver Löffel, lawyer of Woog managing director Carlo Faber, said: "The case is far from clear and unambiguous, so the court takes the time to make the decision. We are optimistic after the several-hour trial." AVM's lawyer, Wolfgang Götz from Klaka law firm, said he was confident that the verdict would be in the manufacturer's favor.
. (tagsToTranslate) AVM (t) Fritzbox (t) Fritzbox 6490 (t) used equipment (t) hardware (t) Unitymedia (t) Woog