The Higher Regional Court of Düsseldorf has ruled that the pop singer performing under the stage name Michael Wendler (civil name: Michael Norberg) may no longer use the designation "Der Wendler" or "Wendler" without a clarifying addition. The lawsuit against the singer ("She loves the DJ") was filed by Frank Wendler, who hails from Velbert, is also active in the pop music business under his civil name, and registered the word mark "Der Wendler" with the German Patent and Trademark Office in august 2008.
The competent Senate, chaired by Prof. Wilhelm Berneke, emphasized that this constituted a case of coexistence of persons with identical names. Although the plaintiff has borne the name since birth, the defendant's stage name has been sufficiently known in the German pop music scene since at least 2007, meaning he also acquired a right to this name designation. This right is equivalent to the right to a civil name. Regardless of who bore the name first, the name bearers are obliged to show mutual consideration in this situation. Therefore, neither of them may use the designation "Der Wendler" without clarifying which Wendler is being referred to; instead, the first name must generally be added. The court therefore ordered Michael Wendler to cease using the designation without sufficient clarification. Conversely, in response to the corresponding counterclaim, it ordered Frank Wendler to delete the word mark registered in his name.
The judgment is not yet legally binding. The parties may file an appeal against the denial of leave to appeal with the Federal Court of Justice within one month.
Judgment of the 20th Civil Senate of the Higher Regional Court of Düsseldorf of May 21, 2013, file no: I-20 U 67/12
Source: Press release of the Higher Regional Court of Düsseldorf
Goldberg Attorneys at Law 2013
Attorney Michael Ullrich, LL.M. (Information Law)
Specialist Attorney for Information Technology Law
Email: info@goldberg.de
