Ensuring that a specific file or entry can be retrieved without confusion from other similarly titled items.
Legal & procedural considerations
| Ruling | Effect | |--------|--------| | | Top‑Shop must immediately cease using the infringing code and the “Shoplyfter Top” branding. | | Corrective advertising | Within 30 days , Top‑Shop must publish a clear disclaimer on its website and all marketing material stating that it is not affiliated with Shoplyfter GmbH. | | Damages | € 85 000 awarded to Shoplyfter (subject to a post‑judgment audit of actual lost sales). | | Attorney’s fees | Top‑Shop ordered to cover Shoplyfter’s legal costs (≈ € 12 500). | | Future compliance | The court ordered a technical audit (by an independent IT‑expert) to verify removal of the infringing code within 90 days. Failure triggers a penalty of € 10 000 per week . | dresden case no 3692882 shoplyfter top