In its decision, I ZR 133/13 – “Keksstangen” the German Ferderal High Court deemed it permissible to show an imitation of the confectionery trade fair ISM in Cologne. The press office had announced about this:
He believed that there is a lack of danger of advertising, offering for sale and marketing to domestic consumers which is necessary for injunctive relief based on a finding of an antitrust claim as requested. Contrary to the opinion of the Court of Appeal (OLG) such danger is not already given by the presentation of the product at an international fair exclusively open to trade professionals as the confectionery trade fair in Cologne.
As in numerous other decisions regarding fairs it needs to be evaluated whether a protected action can be prooven regarding the domestic market.