Category: trade marks

Colloseum Holding AG v Levi Strauss & Co (Case C–12/12); [2013] WLR (D) 143

“The condition of ‘genuine use’ of a trade mark, within the meaning of article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, was satisfied where a registered trade mark, which had become distinctive as a result of the use of another composite mark of which it constituted one of the elements, was used only through that other composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, furthermore, itself registered as a trade mark.”

WLR Daily, 18th April 2013

Source: www.iclr.co.uk

Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
(Case C-561/11); [2013] WLR (D) 75

The exclusive right of the proprietor of a Community trade mark conferred by article 9(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extended to a third-party proprietor of a later registered Community trade mark, without the need for that later mark to have previously been declared invalid.

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388

“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk