tag:blogger.com,1999:blog-5574479.post1579341341495415428..comments2024-03-19T13:13:18.609+00:00Comments on The IPKat: Céline ruling - only infringing uses will infringe a trade markVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-15686439702314198492007-09-12T09:22:00.000+01:002007-09-12T09:22:00.000+01:00I agree with MPP - seems more like a dilution matt...I agree with MPP - seems more like a dilution matter and there is very little guidance here regarding when "use" is indeed infringing - all very much case by case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-47820250401091900392007-09-11T12:59:00.000+01:002007-09-11T12:59:00.000+01:00I can't help but think that this judgment offers v...I can't help but think that this judgment offers very little guidance and avoids any clear statement as to when the use of a mark is infringing. A case by case approach, as preferred by the ECJ, is all very nice, but so far the ECJ has done little but to repreatedly limit the scope of trademarks in cases which looked very simple at the outset: An action based on the mark "CÉLINE" for clothes against the use of the same sign on a clothes shop (think of all the flagship stores out there where the brand is also the shop name), or think of the OPEL judgment when the owner of the trademark OPEL for toys did, in the ECJ's view, not necessariy have a clear cut case against a manufacturer of toys using the same OPEL brand on his toys, even though the public would by these toys for being an OPEL.<BR/><BR/>Looks more like diluting trade mark rights to me. <BR/><BR/>Have a look at http://servicemarks.blogspot.comMarchttps://www.blogger.com/profile/15654612908274503096noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7853060927498763962007-09-11T12:01:00.000+01:002007-09-11T12:01:00.000+01:00It all depends. The shop may not provide any retai...It all depends. The shop may not provide any retail services. it may also just be a "front" for lots of other shops-within-shops.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-86148445431692851262007-09-11T10:56:00.000+01:002007-09-11T10:56:00.000+01:00Isn't the purpose of a shop name - at least in man...Isn't the purpose of a shop name - at least in many instances - to identify the origin of "retail services"?Arthurian Legendhttps://www.blogger.com/profile/10938610415894666049noreply@blogger.com