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Court of Justice ruling of 26 January 2023 – I ZR 15/22 (KERRYGOLD)

In a decision issued at the beginning of this year (judgement of 26 January 2023, I ZR 15/22 – KERRYGOLD), the Federal Court of Justice (BGH) not only dealt with an interesting procedural question regarding the plaintiff’s capacity to sue, but also with the requirements of the prohibition of imitation under unfair competition law pursuant to Section 4 No. 3 UWG.