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Friday, 4 March 2016

Use of VM's trade mark online without consent

I blogged a while ago about a reference from the Hungarian courts to the Court of Justice. The case was an odd one, where a former Mercedes authorised repairer was accused of trade mark infringement because someone else's website was describing it as being authorised. Despite the repairer's attempts to get the information removed, it was still there. The Court of Justice has, thankfully, come to what must be the right decision in Daimler (Judgment) [2016] EUECJ C-179/15 (03 March 2016):  the ex-repairer is not infringing the manufacturer's trade mark rights.

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