Source: All England Reporter
Publisher Citation: [2006] All ER (D) 250 (Apr)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President), Malenovsky (Rapporteur), Puissochet, von Bahr and Lohmus

Judgment Dates: 27 April 2006

Catchwords

European community - Trade marks - 'Likelihood of confusion' - Relevant time for assessing likelihood of confusion between trade mark and similar sign - Loss of distinctive character owing to conduct of trade mark proprietor after use of sign commenced - Reference for preliminary ruling - Interpretation of directive - Whether court to assess public perception at time when use of allegedly infringing mark commenced or after commencement of use complained of - First Council Directive (EEC) 89/104, arts 5(1), 12(2).

The Case

The Court of Justice of the European Communities gave a preliminary ruling in respect of a number of questions concerning the interpretation of First Council Directive (EEC) 89-104 (to approximate the laws of the member states relating to trade marks), arising out of proceedings concerning the sale of jeans which allegedly infringed an earlier trade mark.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.