After a two-year legal battle between Commerzbank and Deutsche Börse, the German High Court (BGH) has ruled that banks can use the Dax as an underlying for structured products and warrants without having to pay licensing fees to index provider Deutsche Börse. The exchange seems to have run out of legal options in the case, despite having obtained a judgment in its favour from a lower court. BGH ruled that there was no unfair use of the brand name 'Dax' in the Commerzbank case, even though Deuts