| Question | Answer | |----------|--------| | Is “Shoplyfter Top” a product or a trademark? | It is : Shoplyfter GmbH markets a paid “Top‑Boost” add‑on (registered as a software product) and holds a word‑mark for “Shoplyfter”. | | Can I still reference “Shoplyfter” in a comparative ad? | Yes, but only if you use neutral language (“Shoplyfter’s Top‑Boost vs. our X”) and avoid visual similarity . Include a disclaimer that you are not affiliated. | | Will the damages amount likely increase? | The € 85 k figure is provisional . The court reserved the right to adjust after a loss‑audit (expected by Q4 2024). | | What happens if Top‑Shop ignores the injunction? | The court can issue a contempt order and impose daily fines, plus possible seizure of infringing software. |
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