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19 January 2009

Promotional distribution not genuine use, ECJ rules

Managing Intellectual Property

Giving out free promotional items does not amount to making genuine use of a trade mark in the class covering those items, according to a ruling from the European Court of Justice.

In a decision on January 15, the Court answered a question arising from a dispute between Silberquelle and Maselli-Strickmode that was referred from Austria.




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