Do online advertisements infringe trade mark rights?

Do online advertisements infringe trade mark rights?
In Daimler AG v Egyud Garage Gépjármujavító és Értékesíto Kft: C-179/15 [2016] All ER (D) 40 (Mar)

, the Court of Justice of the European Union (CJEU) discussed the issue of the publication of a trade mark on a website with respect to the violation of intellectual property law. James Sweeting, a senior associate with Lewis Silken, specialising in trade mark disputes, comments on the decision, including what IP professionals can take from this case and what they should advise their clients.

The CJEU gave a preliminary ruling concerning the interpretation of article 5(1) of the Trade Marks Directive 2008/95 (EC). The request had been made in proceedings between Daimler AG and Egyd Garage Gpjrmjavt s rtkest Kft., (Egyd Garage) concerning the continued appearance on the internet of advertisements naming the latter as an ‘authorised Mercedes-Benz dealer’ following the termination of the contract which had given it the entitlement to use that trade mark.

Very briefly, what was the background to this case?

The defendant is a Hungarian garage which specialises in the sale and repair of

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