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Portakabin Ltd, Portakabin BV v Portakabin: ECJ 8 Jul 2010

ECJ Trade marks – Keyword advertising on the internet – Directive 89/104/EEC – Articles 5 to 7 – Display of advertisements on the basis of a keyword identical with a trade mark – Display of advertisements on the basis of keywords reproducing a trade mark with ‘minor spelling mistakes’ – Advertising for second-hand goods – Goods manufactured and placed on the market by the proprietor of the trade mark – Exhaustion of the rights conferred by the trade mark – Affixing of labels bearing the name of the reseller and removal of labels bearing the trade mark – Advertising, on the basis of another person’s trade mark, for second-hand goods including, in addition to goods manufactured by the proprietor of the trade mark, goods from another source.

Judges:

A Tizzano, P, E. Levits, A. Borg Barthet, M. Ilesic (Rapporteur) and JJ Kasel, Judges

Citations:

C-558/08, [2010] EUECJ C-558/08, [2011] CEC 552, [2010] ETMR 52

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 06 February 2022; Ref: scu.421319

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