2023-06-22 - LD Düsseldorf - myStromer v. Revolt Zycling - UPC_CFI_177/2023
- Aktenzeichen:
- UPC_CFI_177/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Order
- Parteien:
- myStromer AG v Revolt Zycling AG
Kernaussage: The Düsseldorf Local Division granted an ex parte preliminary injunction against the sale and exhibition of allegedly infringing speed pedelecs at the Eurobike 2023 trade fair.
2023-06-22 - LD Düsseldorf - myStromer
v.
Revolt Zycling - UPC_CFI_177/2023
notable
The Düsseldorf Local Division granted an ex parte preliminary injunction against the sale and exhibition of allegedly infringing speed pedelecs at the Eurobike 2023 trade fair. The panel found literal infringement under a protective-scope reading that does not exclude a multi-part design of the second fork, rejected the respondent's exhaustion defence under Art. 29 UPCA, and held validity sufficiently secured for PI purposes given the absence of opposition, national revocation, or presented prior art. Urgency was found under R. 209.2(b) RoP due to the imminent trade fair, and the Court dispensed with a prior hearing under R. 212.1 RoP because delay risked irreparable harm. Enforceability was conditioned on EUR 500,000 security.
Stichwörter
RoP 354.4