Kernrechtsfrage
Whether the defendant, as lessor of display vitrines, was liable for model/design and unfair competition infringements committed by the subtenant exhibitor.
Extrahierter Entscheid
No. Because the exhibitor itself committed no model/design or unfair competition infringement, the defendant could not be liable as a secondary infringer for merely providing the vitrines.
Extrahierte Begründung
The Court relied on the parallel judgment against the exhibitor and held that liability of the alleged secondary tortfeasor cannot exceed that of the primary actor. Since no actionable infringement existed on the exhibitor’s part, the defendant’s conduct also was non-infringing.