||All England Reporter
|| All ER (D) 311 (Nov)
||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
||21 November 2002
European Communities - The Court of Justice - Actions - Reference from national court - Belgium - Interpretation of Community measure.
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.
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