Gerolsteiner Brunnen GmbH & Co v Putsch GmbH [2004] EUECJ C-100/02
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:46 UTC
Claimant had registered mark ‘GERRI’ for mineral water. Defendant sold water bearing the mark ‘KERRY SPRING’.
Claimant sued for infringement; Defendant sought to rely on descriptive use defence.
Held
Use of sign to indicate geographical origin can be defence even if sign is also being used indicate trade origin
Any comments or edits about this case?
Get in touch Similar cases
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...
La Mer Technology Inc v Laboratoires Goemar SA
Defendant was French company who made seaweed-based products, sold under mark ‘Laboratoires de la Mer’. Claimant sought to have mark revoked in on grounds of non-use. Defendant’s only sales were wort...
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...
Libertel Groep BV v Benelux-Merkenbureau
Claimant was a mobile phone company. Sought to register trade mark for colour orange in relation to certain telecommunication goods and services. Two issues in this case: Can a colour constitute a tr...
Sieckmann v Deutsches Patent
Claimant sought to register trademark described as a ‘balsamically fruity odour with a slight hint of cinnamon’. When making application, Claimant also deposited its chemical breakdown and a sample o...
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.