Skip to main content

Home/ Duty of care + Standards _ CU/ Group items tagged artificial intelligence

Rss Feed Group items tagged

Carsten Ullrich

My Library - 0 views

  • that the elements which
  • re relevant for assessing whether the proprietor of an EU trade mark is entitled to prohibit the use of a sign in part of the European Union not covered by that action, may be taken into account by that court
  • Although, for the purpose of assessing whether Ornua is entitled to prohibit the use of the sign KERRYMAID in Spain, the referring court should consider taking into account elements present in Ireland and the United Kingdom, it should first of all ensure that there is no significant difference between the market conditions or the sociocultural circumstances
  • ...4 more annotations...
  • In that regard, account should be taken, in particular, of the overall presentation of the product marketed by the third party, the circumstances in which a distinction is made between that mark and the sign used by that the third party, and the effort made by that third party to ensure that consumers distinguish its products from those of which it is not the trade mark owner
  • in part of the European Union, an EU trade mark with a reputation and a sign peacefully coexist
  • It cannot be excluded that the conduct which can be expected of the third party so that its use of the sign follows honest practices in industrial or commercial matters must be analysed differently in a part of the European Union where consumers have a particular affinity with the geographical word contained in the mark and the sign at issue than in a part of the European Union where that affinity is weaker.
  • allows the conclusion that in another part of the European Union, where that peaceful coexistence is absent, there is due cause legitimising the use of that sign.
1 - 10 of 10
Showing 20 items per page