@article{49106,
      url = {http://tind.wipo.int/record/49106},
      title = {Non-Infringing Use of a Trade Mark with Reputation.},
      abstract = {Directive 89/104/EEC, Art. 5(2); Legislative Decree No. 30  of 2005 (Industrial Property Code), Art. 20(c) – Ferrari  v Brumm  Headnotes by the Editorial Office 1. It is for the  court dealing with the case on the merits to establish  specifically whether the use of a trade mark with  reputation is ‘without due cause’ and likely to allow  the user to take ‘unfair advantage’ of, or cause  detriment to, the distinctive character or the reputation  of the trade mark.  2. Whether or not a trade mark with  reputation has been infringed can, therefore, only be  determined based on the parameters laid down by Art. 5(2)  of Directive 89/104/EEC, which correspond to those in Art.  20(c) of Italy’s Legislative Decree No. 30.  3. The  faithful reproduction on a reduced scale of car models by a  third party accompanied by affixing, without the consent of  the proprietor, a trade mark with reputation does not cause  any detriment, not even potentially, to the functions of  the proprietor’s trade marks.},
      doi = {https://doi.org/10.1093/grurint/ikad089},
      recid = {49106},
      pages = {1 online resource (pages 1076–1079)},
}