VW demands 350k from activists - and withdraws court application at the last moment

In a surprising move, the Volkswagen Group has withdrawn its application for a temporary injunction against the Verkehrswende activist Tobi Rosswog. The decision was made on July 30, 2024, just one day before the planned sentencing at the Braunschweig Regional Court and marks the provisional end of a sensational legal dispute.

The conflict was sparked by a satirical website that Rosswog ran as part of the loose activist alliance Amsel44. The site presented a fictitious vision of the future in which VW had switched its production to streetcars, buses and cargo bikes. This vision was accompanied by invented quotes from VW executives, including Wolfgang Porsche, who was critical of the company's history in the fictitious statements.

Volkswagen responded with legal action and demanded a cease-and-desist declaration from Rosswog. The Group saw the use of the VW logo and the fictitious quotes as an infringement of trademark rights and potential damage to its reputation. What was remarkable was the short period of only five hours that VW gave Rosswog to sign the declaration - even though the website was already offline at that time. And the amount in dispute, which VW initially set at €350,000.

During the hearing, it became apparent that the court considered the arguments of Rosswog's lawyer Nina Onèr to be valid. The chamber suggested that the website could be protected by freedom of expression or artistic freedom, as the satirical intent was easily recognizable to viewers. The use of the VW logo was also classified as possibly permissible, as there was no "trademark-like use".

VW, represented by the renowned media lawyer Matthias Prinz, was confronted with unexpectedly strong opposition. The court proposed a settlement, which VW considered a success - prematurely, as Rosswog was prepared to continue the legal dispute and saw the proceedings as an opportunity to further publicize the issue of the traffic turnaround (as also reported by the taz reported).

The withdrawal of the application by VW suggests that the company considered its chances of success to be low. In this context, it is also worth noting that VW originally set the amount in dispute at 350,000 euros, which the court deemed to be "drastically excessive" and rather in the low five-figure range.