German Supreme Court Rules “Unofficial” Hard Rock Cafe Violated Trademark Law But Can Continue to Use Name

The Federal Supreme Court in Germany has ruled on the complex dispute between the well-known Hard Rock Cafe Group and an unaffiliated restaurant operating in the city of Heidelberg, Germany, under an identical name and logo (Case I ZR 188/11, Bundesgerichtshof, August 15, 2013). The Supreme Court found that the restaurant violated the Hard Rock Cafe Group’s trademark and was also in breach of German unfair competition law for selling unofficial Hard Rock Cafe merchandise. The Heidelberg restaurant was held liable for damages to the Hard Rock Cafe Group, the amount of which still remains to be determined.

Background

This ...