Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd [2003] Case C-292/00
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:51 UTC
Question was referred to ECJ whether section 5(2) also applied where the good in respect of which earlier and later mark are registered are not similar or identical (despite the wording in Trade Mark Directive itself).
Held
Section also applies to protect reputation of an earlier mark where the later good or service is similar or identical to goods or service for which earlier mark was registered.
Would be bizarre if non-similar goods got wider protection than similar goods
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