tag:blogger.com,1999:blog-5574479.post6672029227889892208..comments2024-03-29T06:53:23.405+00:00Comments on The IPKat: Wednesday whimsiesVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-67235009257403537162015-09-10T10:46:50.707+01:002015-09-10T10:46:50.707+01:00Some Belgian case-law on the topic "goods alt...Some Belgian case-law on the topic "goods altered by third parties"...<br /><br />In 2014, Porsche (the famous car brand) started an injunction proceeding before the Commercial Court of Antwerp against an undertaking X that offered a "tuned" Porsche car for sale. Porsche claimed that the sale of a Porsche car, that was no longer authorized by Porsche (some orignal parts had been replaced by parts from a "tuning" manufacturer), infringes the Porsche trademarks. The claim was based on, inter alia, Article 2.20, §1, a and c of the Benelux Convention on Intellectual Property (English version available on the website www.boip.int > legal > regulations). The good or bad faith of the infringer is irrelevant in this assessment.<br /><br />The Commercial Court of Antwerp upheld Porsche's claim and argued that X could not rely on the exhaustion theory since the car that it offered for sale was not put in the course of trade by Porsche this way. (link to the judgment, only in Dutch, ) <br /><br />The Court of Appeal of Antwerp confirmed the decision of the Commercial Court of Antwerp and added that X infringed the essential function of the Porsche trademarks, notably their function as an indication of origin, as well as their function as a guarantee of quality. (link to the judgment, only in Dutch, )<br /><br />Anonymoushttps://www.blogger.com/profile/09111825731191591011noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37255948080464495912015-09-10T08:23:46.271+01:002015-09-10T08:23:46.271+01:00what about all those calor gas and other cases fro...what about all those calor gas and other cases from some time ago about refilling gas cylinders with a trade mark on them?Bingonoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-70756361593112768062015-09-09T22:14:26.932+01:002015-09-09T22:14:26.932+01:00I have written an article on "marriage watche...I have written an article on "marriage watches" which may have some useful information. 'A time for action: the growing threat of Marriage (watches)' (2013) 35 EIPR 567.Colin Davieshttp://www.linkedin.com/in/colindaviesipnoreply@blogger.com