Sat. Sep 21st, 2024
- This event has passed.
EU Judgment in Case C-334/22 Audi: Emblem support on a front grille
25 January
Thursday 25th January 2024
EU Judgment in Case C-334/22 Audi (Emblem support on a front grille)
(Intellectual, industrial and commercial property – Trade marks)
The automobile manufacturer Audi is the owner of the following European Union figurative trademark :
This is registered, inter alia, for vehicles, spare parts and automotive accessories.
This mark is reproduced and used as the Audi emblem. A Polish retailer offers for sale, by advertising on its website, non-original grilles adapted for older Audi models. These radiator grilles include a component similar or identical in shape to this trademark, designed to hold the Audi emblem.
Audi took legal action against the dealer. It wants to prohibit non-original grilles bearing a sign identical or similar to the AudiI trademark from marketing. The company asked the Court of Justice to determine whether the marketing of car parts, such as the grilles in question, constitutes “use of a sign in the course of trade” liable to impair the functions of the Audi trademark under EU law. It also questioned whether the owner of that trademark can prohibit a third party from such use.
Donnerstag, 25. Januar 2024
Urteil des Gerichtshofs in der Rechtssache C‑334/22 Audi (Halterung für Emblem an einem Kühlergrill)
Markenschutz bei Ersatzteilen
Audi hat ausschließliche Rechte an der nachstehend abgebildeten, für Fahrzeuge, Ersatzteile, und Fahrzeugzubehör eingetragenen Unionsbildmarke (siehe oben).
Dieses Zeichen benutzt Audi auch als Emblem.
Audi beanstandet vor einem polnischen Gericht, dass ein Ersatzteilhändler nachgebaute Kühlergrills mit einem Zeichen anbietet, das mit ihrer Marke identisch oder ihr ähnlich ist. Die Kühlergrills haben nämlich, wie die Original-Kühlergrills, eine eingeschnittene Stelle, die für die Anbringung des Audi-Emblems vorgesehen ist und dem Erscheinungsbild der Marke entspricht.
Das polnische Gericht hat den Gerichtshof ersucht, den Markenschutz in Bezug auf die Vermarktung von Ersatzteilen, insbesondere für Autos, zu präzisieren.
Generalanwältin Medina hat in ihren Schlussanträgen vom 21. September 2023 die Ansicht vertreten, dass eine Markenverletzung im vorliegenden Fall zu verneinen sei.
Details
- Date:
- 25 January
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-334/22 Audi
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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