Thursday, 15 March 2012

The filling of packaging on the instructions of another company does not constitute third-party trademark infringement. Judgment handed down by the CJEU on 15 December 2011, Red Bull (C-119/10).

1.         Background.  The company Smart Drinks, Ltd. (Smart Drinks) instructed Frinsdranken Industrie Winters BV (Winters) to fill cans with fizzy drink.  The empty cans had previously been supplied to Winters by Smart Drinks and bore various distinctive signs, some of which were similar to the well-known energy drink trademark RED BULL.

Red Bull GmbH (Red Bull) filed proceedings with the Dutch courts against Winters for infringement of its RED BULL trademark.  The issue of whether the filling of packaging supplied by a third party bearing a certain sign constitutes use of that sign within the meaning of Article 5.1 of the First Trademark Directive was referred to the Court of Justice of the European Union, which held that that it does not.




2.         Findings.  The Court of Justice of the European Union exempts Winters from liability for any infringement of Red Bull’s trademarks.  It holds that Winters merely executed a technical part of the production process of the final product, without having the slightest interest in the product’s trade dress or in the signs affixed to the packaging.  In that regard, the Court refers to the findings laid down in the judgment of 23 March 2010, Google France and Google (C-236/08 & C-238/08), in which it was affirmed that creating the technical conditions necessary for the use of a sign and being paid for that service does not mean that the party offering the service itself uses that sign within the meaning of Directive 89/104.

As an additional factor to support the finding that Winters had not infringed any trademark rights, the judgment adds that the necessary identity or similarity between the goods covered by the RED BULL trademark registrations (which identify a drink) and the services rendered by the company in question, consisting of the filling of packaging, is lacking.

3.         Remarks.  Red Bull and the European Commission had expressed their concerns to the Court of Justice of the European Union that trademark rights could be infringed through the strategy of dividing the production process into several stages, and entrusting those stages to different service providers.  The judgment expressly rejects this argument on the grounds that the protection conferred on the trademark owner is guaranteed by means of the possibility of holding the party contracting those successive services in order to obtain the final product to which the infringing sign is affixed liable for the acts of infringement.  In view of this doctrine, it will therefore be necessary for the trademark owner to design an adequate strategy to be followed so that defensive action can be instituted against the party that is truly liable for the trademark infringement.

Author: Carlos Morán Medina

Visit our web: www.elzaburu.es/en

11 comments:

  1. Useful article, thank you for sharing the article!!!

    Website: blogcothebanchuabiet.com chia sẻ những câu nói mỉa mai người khác hay stt một mình vẫn ổn và giải thích hiện tượng chim sẻ bay vào nhà là điềm gì.

    ReplyDelete
  2. The Department of Information Technology in association with Institution’s Innovation Council (IIC) is best private engineering colleges in up. organizing a series of expert lecture. The third lecture of the series is mentioned below.Our College is top mba colleges in ghaziabad

    ReplyDelete
  3. Netrockdeals is India's most trusted website for online shopping. If you are someone who loves online shopping but are tired of wasting all your money then this is your one-stop solution for all types of shopping. Whether you want clothes, cosmetics, footwear, sportswear, sports gear, home appliances, gadgets, tickets for anything, travel accommodation or flights, food coupons, or anything else. you will find it on Netrockdeals. Myntra Coupons BookMyShow coupons Beardo coupon code Dominos Coupon 2gud Coupons They offer amazing deals, discounts, offers, and promo codes in all these categories. They have all the top and non-recognizable brands all on one page. Ajio Coupons Oyo coupons Decathlon coupons GoDaddy promo code booking.com offers 1mg Coupon FirstCry Coupons Redbus coupons You won't have to skim through the internet for different brands and products but you will find everything on Netrockdeals. Then you can look through all the deals and coupons of your selected product and can avail of that coupon on the portal of the main website while making the payment on the checkout page.NNnow coupons BigRock Coupon ResellerClub Bigbasket Offers Medlife coupon code best ac brands best laptops under 50000 Mamaearth Coupon Code  The best part is that not only you will save money by getting these coupons but also, you have the chance of earning cashback. They also have special deals and offers for every occasion, like Diwali, Christmas, Summer session, Best Air cooler in India, and all the other occasions where you will require to purchase gift right now they have amazing deals and offers regarding Summer sales that you can checkout and save your money. so shop from Netrockdeals and save money on all the occasions

    ReplyDelete
  4. Microsoft 365 has been designed to help worldwide users become more productive without building up work pressure. It comes with innovative Office applications and intelligent services along with world-class security. Today, Office 365 has become an integral part of numerous small or big organizations. Whether you want to complete or manage some personal work-related tasks, or you want to manage an entire office!Office.com/setup Webroot Login mcafee.com/activate TPLinkRepeater www.webroot.com/safe Gobank Login TP Link Extender Setup Norton Login Belkin Range Extender Setup You can do that in a very organized manner with the help of the feature-loaded Office 365 suite. Thus, it serves as your productivity booster across work and life. Moreover, Microsoft provides Office applications for different operating systems, including Windows, macOS, and Android devices

    ReplyDelete
  5. this post is amazing. I like it very much. let me share this post. greetings from me, fans from Indonesia desa

    ReplyDelete
  6. A year from now you will wish you had started today
    mm88

    fastbet

    ReplyDelete
  7. I am happy subsequent to going ahead this site! It has the data that I was looking from so long. Understudies attempting to compose their scholastic assignments can pick for our myassignmenthelp support and can get an elegantly composed work from us.

    ReplyDelete