SKW Schwarz obtains an acquittal in the Elfenmond case
SKW Schwarz Rechtsanwälte, represented by their Munich-based partner Dr. Konstantin Wegner, has obtained an acquittal in the criminal trademark case relating to the “Elfenmond” book title. The Chief Public Prosecutor’s decision to withdraw its appeal now means that the case is officially closed.
The company lawyer at Random House was charged with alleged willful infringement of trademarks for commercial purposes. The Public Prosecutor’s Office had brought charges as the title “Im Schatten des Elfenmondes” published by cbj-Verlag (a company belonging to Random House) could be confused with the earlier title “Elfenmond” from the author Guido Krain, and because this title had allegedly been chosen with full knowledge of this earlier title. The case had caused somewhat of a sensation within the sector as disputes concerning similarities between book titles are normally dealt with by the civil courts. Criminal proceedings are extremely rare. Under the terms of the German Penal Code, willful infringement of trademarks for commercial purposes is punishable by a prison sentence of up to three years or a fine.
SKW Schwarz obtained an acquittal at the first hearing which took place at Munich District Court in April 2010. However, the Public Prosecutor’s Office then lodged an appeal with Munich Higher Regional Court. This appeal was based on various points, including an allegation that a legal statement was not read out properly by the District Court, thus benefiting the defendant. This leapfrog appeal, which would have concerned legal infringements resulting from the court’s adjudication only, was subsequently withdrawn by the Public Prosecutor’s Office on 20 December 2010.
SKW Schwarz Rechtsanwälte has advised and represented Random House in various press and publishing matters since 2005.