The router manufacturer AVM is defending itself in court against the resale of used and previously refurbished Fritz boxes by the online retailer Woog. The reason: Because Woog exchanges the firmware of the devices, according to the AVM, there is an impermissible "product change" that also poses a security risk.
Therefore, in February 2020, AVM obtained an injunction against the sale of a total of 20,000 Fritz boxes by the German company before the district court of Munich I, as the c't reports
Resell used Fritz boxes? Only with original firmware!
How does AVM argue? AVM lawyers refer, among other things, to trademark law in court, according to which rights holders may prevent the use of a trademark if "the condition of the goods has changed or deteriorated after being placed on the market" (Art. 15 EUTMR).
AVM is specifically about changing the state of the Fritz boxes by installing another firmware, in this case replacing the original firmware with firmware for freely tradable routers. The manufacturer also explains that there is a security risk because users of the used Fritz boxes may not be able to install relevant updates in the future.
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How does Woog defend himself? Woog, on the other hand, rejects AVM's argument that the general overhaul of the Fritz boxes affects the condition of the goods. On the subject of security, the online retailer says that the installed free firmware, contrary to AVM's accusation, ensures that the routers work safely and properly.
Why doesn't Woog sell the Fritzboxes with original firmware? Woog points out two reasons that exclude the resale of Fritz boxes with original firmware:
- The original firmware of the Fritz boxes is in some cases already five years old and poses its own security risk.
- Some providers prohibit the use of former rental devices or require a certain level of firmware. Used Fritz boxes with original firmware therefore do not work on every connection.
What consequences could a verdict in favor of AVM have? If AVM can obtain a final judgment against the resale of the Fritz boxes with new firmware by Woog in the long term, Woog would remain on a stock of 20,000 devices. AVM leaves open an answer to the question of what the dealer should do with the hardware. If in doubt, Woog will have to destroy the devices.
