Non-Infringing Use of a Trade Mark with Reputation.

Non-Infringing Use of a Trade Mark with Reputation.

Journal article

1 online resource (pages 1076–1079)

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.

Crossref

GRUR International, 2632-8550 ; 72, 11, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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