Ornua Co-operative Ltd, formerly The Irish Dairy Board Co-operative Ltd v Tindale and Stanton Ltd Espana SL: ECJ 20 Jul 2017

ECJ (Intellectual, Industrial and Commercial Property : Judgment) Reference for a preliminary ruling – Intellectual property – EU trade mark – Unitary character – Regulation (EC) No 207/2009 – Article 9(1)(b) and (c) – Uniform protection of the right conferred by an EU trade mark against the likelihood of confusion and detriment to reputation – Peaceful coexistence of that mark with a national mark used by a third party in part of the European Union – Absence of peaceful coexistence elsewhere in the European Union – Perception of the average consumer – Differences of perception may exist in different parts of the European Union)

Judges:

Ilesic P R

Citations:

C-93/16, [2017] EUECJ C-93/16, [2017] WLR(D) 493, ECLI:EU:C:2017:571

Links:

Bailii, WLRD

Jurisdiction:

European

Intellectual Property

Updated: 28 March 2022; Ref: scu.591335