The dispute between Besonderes4Kids and joboo over their play and stacking bricks (MeinKreativstein of Besonderes4Kids vs. Stapelstein of joboo) reached the BGH in the third instance. Since 2021, the two toy manufacturers have been arguing over whether Besonderes4Kids' products constitute an unfair imitation of joboo's stacking bricks. On Thursday, the BGH will hear the case.
 
Joboo GmbH had previously filed a lawsuit before the Regional Court of Hamburg seeking inter alia an injunction to prohibit the sale of the MeinKreativstein, citing avoidable confusion about their origin. The lawsuit was dismissed on the grounds that Besonderes4Kids products were no unfair imitation of joboo’s Stapelstein (judgment of the Hamburg Regional Court dated June 23, 2023, Case No. 416 HKO 19/22).
 
The Higher Regional Court of Hamburg reversed the decision and granted an injunction. However, it also granted leave to appeal to the BGH (judgment of the Hamburg Higher Regional Court dated May 2, 2024, Case No. 15 U 58/23). The key legal question now is whether products that differ significantly in their primary design features can still be considered unfair imitations under § 4 No. 3(a) UWG if they adopt secondary design features, potentially giving the misleading impression of a product line extension.