ENG Bad news for the FSC: Appeal shall be withdrawn
After having examined the appeal of the FSC and the reply to defence appeal of eurobinia, the higher regional court of Braunschweig answered with a indicative court order. It shows that senate intends to dismiss the FSCs appeal. The reasons stated are the fact that FSCs appeal will not have chances of success.
The senate fortunately entertain very much the backgrounds and the objective understanding regarding the blamed trademark infringtion. It is stated clearly that the addressed relevant consumers neither will mix the disputed logo nor will draw wrong conclusions from it. In the common understanding it is expressed a clear statement, namely the critics of the FSC and its way of certification. The comparing promotion which goes along the criticism has to be accepted by the FSC, because neither it is denigrative nor dishonest.
The senate expresses as well that the infringement of reputation feared by the FSC is based solely on the fact that eurobinia shows mistakes and failings of the FSC certification system which are undisputed between both parties and which are base of the allowed product comparison.
It is encouraging hearing such clear expression from the senate.
For state its opinion or to withdraw the appeal, the FSC has a deadline of 3 weeks.
The entire indicative order is available for download here: