Loyalty card wallets allow users to store and access their virtual loyalty cards on their smartphones. But how is it to be assessed in terms of trademark law if third-party (word) figurative marks are used in these wallets? The Austrian Supreme Court (OGH) recently dealt with this question. In the case in question, the owner of the “Jö” trademarks sued the operator of a loyalty card wallet. The defendant used the claimant’s trademarks, inter alia, in its app to refer to the mobile wallet services offered. In doing so, the defendant argued that the trademarks only served to provide users with an overview of the app’s functions. Such use was permissible, according to the OGH. In the current issue of the journal Österreichische Blätter für gewerblichen Rechtsschutz und Urheberrecht (ÖBl), Dr. Arthur Stadler, Mag. Jacqueline Bichler and Veronika Krickl analyse the decision of the OGH.
You can find the article here – German only. Happy reading!