- Ferrari fights over ‘pre-loved’ redhead (Ferrari SpA v DU)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The key in this case was the issue of whether a ‘luxury’ brand should be spared from revocation for non-use where a mark had a broad specification of goods (in this case ‘land vehicles, aircraft and water vehicles and parts thereof’) but only accessories, such as spare parts, had been sold under the mark (but in tiny quantities), or where second-hand cars had been sold (again, under the mark). These were the central issues the Court of Justice had to decide, but also—could services provided by the proprietor in respect of those goods also constitute genuine use and who has the burden of proving genuine use in such instance? A final point was whether a bilateral treaty aimed at overcoming issues of non-use was compatible with the TFEU. Written by Paul A Harris, senior partner (IP Litigation), at Venner Shipley LLP.
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