- Court of Justice rules on infringement of quality label (ÖKO-Test Verlag v Dr. Liebe)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Justice has made a preliminary ruling in relation to the interpretation of Article 9 of Regulation (EC) 207/2009 and Article 5 of Directive 2008/95/EC in proceedings concerning the use of a sign which is identical with, or similar to, an individual trade mark consisting of a quality label. It held that Articles 9(1)(a) and 9(1)(b) of Regulation (EC) 207/2009 and Articles 5(1)(a) and 5(1)(b) of Directive 2008/95/EC did not entitle the proprietor to oppose the affixing by a third party of such a sign to products that were neither identical with, nor similar to, the goods or services for which the mark was registered. However, Article 9(1)(c) of Regulation (EC) 207/2009 and Article 5(2) of Directive 2008/95/EC did entitle the proprietor to oppose such actions provided that it was established that, by that affixing, the third party took unfair advantage of the distinctive character or the reputation of the mark concerned or caused detriment to that distinctive character or reputation and provided that, in that case, the third party had not established the existence of a ‘due cause,’ within the meaning of those provisions, in support of such affixing.
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