New Aspects Of A Core Theory?

In matters of infringement of a cease-and-desist order the question often arises of whether this new action still falls under the wording of an existing injunction, or rather forms the grounds for a new infringement, which can then be countered by a warning and/or an application for the issue of an interim injunction.

According to established case law, the effect of a final declaration extends as far as the scope of the prohibition of a cease-and-desist order, which the obligor has recognised as a definitive ruling. The prohibition of an injunction extends beyond actions identical to those forbidden to include variations which are in essence similar and in which the characteristic features of the specific form of infringement are expressed (established case law, cf. GRUR 2010, 855 - Folienrollos (Roller blinds), margin note 17).