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ECJ to make two marks this week
The European Court of Justice (ECJ) is preparing to hear one trademark case and rule in another over the next few days, in order to clarify key legal clauses.
Case one (C-17/06), set for hearing on Tuesday 7 November, examines 5(1) of the Trade Mark Harmonisation Directive (89/104), asking whether the adoption of a registered word mark by an unauthorised third party clearly constututes the use of that mark in the course of trade, which the legal holder is then entitled to stop. The ‘adoption’ could be in the form of a company name, or a style in connection with marketing identical goods. An ambiguity has arisen from the clause, on whether ‘in connection with marketing’ is in fact ‘in the course of trade’, or merely preparatory to it.
On Thursday 9 November, the court will rule in Montex Holdings v Diesel SpA (C-281/05), confirming whether or not holders of registered marks are entitled to halt the trade of goods that bear them. Factors affecting the answer are whether the goods are unprotected in the countries of destination, or whether the trading states are EU Members, associated nations or unaffiliated.
Once the answers are in, IP Review Online will pass them on.
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