FTCC | Studio Legale Associato


European Case Law

Court of Justice (Second Chamber), 3 March 2016, in case C‑179/15  (Daimler AG v. Együd Garage Gépjárműjavító és Értékesítő Kft)

Preliminary ruling — Trademarks — Directive 2008/95/EC — Article 5(1) —Advertisements relating to a third party accessible on the internet —Unauthorised use of the mark — Advertisements published online without the knowledge and without the consent of that third party or maintained online despite the opposition of that third party 

A third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the proprietor of the trade mark, does not make use of that sign that may be prohibited by that proprietor under Art. 5 (1), where that advertisement has not been placed by that third party or on his behalf or, if that advertisement has been placed by that third party or on his behalf with the consent of the proprietor, where that third party has expressly requested the operator of that website, from whom the third party ordered the advertisement, to remove the advertisement or the reference to the mark contained therein.

categoria:European Case Law