While the people have just recuperated from Christmas celebrations all over the World, the Federal Court of Justice (BGH) has delivered a judgment having a great impact on the legal federation. In 2013 the BGH had come up with the ruling which pronounced recalling of the products already on the shelves of the shops along with prohibition to distribute a product in the market. In the same line another judgment has been penned down by the Court in 2016.
In this case the defendant was selling and marketing alcoholic beverages under the signs RESCUE DROPS and RESCUE NIGHT SPRAY. The court has passed an injunction order under Unfair Competition Law against the defendant. Though the cease and desist order in verbatim does not mention the recalling of the products, but the Court by implication had mentioned that any presence of the product on the shelves of the retailers if causes disturbances then the same should be recalled. It is imperative that the order to cease and desist differs from that to remove the products and it is impossible for the buyers to comply with request to recall as they already own the products.
This order of BGH pertains to the Competition law and it is hard to comprehend the prohibition had it been under the trade marks, copyright or patent law. However this ruling has made the stand of the BGH clear as to recalling of products along with cease and desist order of the Court.