Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/15/2011

Subject: The Court states that a service consisting of the mere filling of cans bearing a sign protected as a trade mark is not use of that sign which is liable to be prohibited. A service provider who merely fills under an order from and on the instructions of another person merely creates the technical conditions necessary for the other person to use the sign similar to a protected trade mark.

Parties: Frisdraken Industrie Winters BV

Classification: Freedoms - Art. 17 Intellectual property

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