Berlin Court of Appeal (Kammergericht) Confirms the Trademark Infringer’s Obligation to Submit Unredacted Documents
Shiseido had filed a claim against Amazon due to the distribution of trademark-infringing perfume products. Shiseido demanded amongst other things information about Amazon’s upstream suppliers and the further distribution channels. Amazon submitted a supplier invoice in which the invoice recipient and the Amazon warehouse address had been redacted. The Court of Appeal ruled that such redacting is not permissible. The presentation of documents must enable the claimant to verify the information provided and to effectively prevent further distribution of the infringing goods. The infringer’s interest in concealing his supply channels and distribution chains in such a case does not merit protection.