Source: All England Reporter
Publisher Citation: [2002] All ER (D) 311 (Nov)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Schintgen (President of the Second Chamber, acting for the President of the Sixth Chamber), Skouris, Macken (Rapporteur), Colneric and Cunha Rodrigues

Judgment Dates: 21 November 2002


European Communities - The Court of Justice - Actions - Reference from national court - Belgium - Interpretation of Community measure.

The Case

On the proper interpretation of art5(5), a member state might, if it saw fit, and subject to any conditions it might determine, protect a trade mark against use of a sign other than for the purposes of distinguishing goods or services, where use of that sign without due cause took unfair advantage of, or was detrimental to, the distinctive character or the repute of the trade mark.

Practice Areas

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