The plaintiff is a perfume manufacturer and distributor whose perfumes are protected by various trademarks. The case concerned the defendant’s “Overview with AI” and “AI Mode” integrated in its search engine, which, in response to searches for perfume dupes, mentioned the plaintiff's trademarks, suggested lower-priced alternatives and linked to websites offering them. Some dupes also appeared under “Sponsored Products”. The plaintiff alleged trademark infringement and unfair competition, arguing that the defendant controlled the AI-generated content, users would perceive it as originating from the defendant, and that the defendant indirectly promoted competing perfume dupes. After the defendant did not respond to a formal warning letter, the plaintiff applied for a preliminary injunction.
The defendant denied the claims, arguing that it did not use the trademarks for its own goods or services and was not a competitor of the plaintiff. After the Regional Court Berlin dismissed the application, the case is now pending at the Higher Regional Court of Berlin.