Lukasz Zelechowski (University of Warsaw), speaking on the unitary character of the Community trade mark (CTM) and its impact on the protection of CTMs. Lukasz first reviewed the Court of Justice of the European Union (CJEU) ruling in Case C-235/09 DHL v Chronopost, on the extent to which injunctive relief, granted in the court of one EU Member States, should or must extend to the entire extent of the EU? Since the right to a CTM is unitary and extends throughout the territory of the WU, it was at least arguable that injunctive relief should be coextensive with it. However, where the alleged infringement was not likely to interfere with the trade mark's essential function, actual conditions suggested that, in the interest of competition, injunctive relief should be limited to those situations in which it is relevant to the protection of the infringed mark. Lukasz then carried the argument across to Case C-301/07 PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH, before a healthy and most enjoyable outbreak of discussion about the scope of protection and anticompetitive effects prevented him getting to the end of his prepared talk.
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The IPKat deeply thanks the various generous souls who contributed to Martin's being able to attend the INTA Meeting, including Marks & Clerk, Mike Mireles, Francis Davey and an anonymous donor in memory of David Latham, who passed away so suddenly and tragically earlier this year.