Preliminary ruling

Case law, CJEU, Keyword advertising, Preliminary ruling

(SBGK Attorneys at Law and Patent Attorneys)/ /Leave a comment

The dispute started with the termination of a license contract by which Együd Garage was entitled to use Daimler AG’s trade mark “Mercedes-Benz” and to describe itself as ‘felhatalmazott Mercedes Benz szerviz’ (‘authorised Mercedes-Benz dealer’) in its own online (www.telefonkonyv.hu) advertisements ordered from the Hungarian Phonebook Company (MTT). Despite the request of Együd Garage to…

Infringement action, Preliminary ruling

(BomhardIP)/ /Leave a comment

The CJEU in its decision of 4 February 2016 in the ARKTIS case (C-163/15) followed the opinion of Advocate General Wathelet and confirmed that recordal of a license is not a necessary condition for the licensee to be able to bring an infringement action based on a CTM. In our last post (here) we commented…