Adam Opel v Autec [2007] Case C-48/05
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:48 UTC
Claimant, car manufacturer, had trade mark for its logo for cars and toys. Defendant sold remote-controlled scale-models of one of Claimant’s cars, with Claimant’s trade mark on them.
Claimant sued for infringement under Article5(1)(a).
Held
Is no infringement where average consumer does not believe goods come from owner or economically-linked undertaking.
Thus if German consumers do not see Defendant’s use of Claimant’s mark as indicating origin of scale-models, no infringement.
Any comments or edits about this case?
Get in touch Similar cases
BMW Nederland BV v Deenik
Claimant sued Defendant, a car dealer, who described himself as being a specialist in repair and maintenance of BMWs. Claimant claimed that this was unlawful use of their trade mark. Defendant could...
Lego Systems
Claimant was the manufacturer of the ‘lego’ toy. Defendant was a manufacturer of gardening equipment including sprinklers from coloured plastic, though did not operate in UK. When Defendant sought to...
Datacard Corporation v Eagle Technologies Ltd
Claimant (Datacard) was supplier of printers; owned trade mark ‘DATACARD’. Defendant (Eagle Technologies) was seller of card printers. Defendant used Claimant’s trade mark on its website, and also on...
Holterhoff v Freiesleben
Claimant owned trade mark ‘SPIRIT SUN’ for precious stones. Defendant, a jeweller, promised customers he could cut a diamond in the shape of SPIRIT SUN. However customers in question did not believe...
R Griggs Group Ltd & Ors v Evans & Ors
Manufacturer of ‘Doc Martens’ commissioned ad agency to create a logo. Ad agency hired Defendant, a freelance designer, to do this. Defendant subsequently assigned copyright in logo to an Australian...
Related free notes samples
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.