CJEU rules brand owners can establish 'genuine use' of a registered trademark

In a recent decision, the Court of Justice of the European Union (CJEU) has ruled that brand owners can establish ‘genuine use’ of a registered trademark when that use derives from a different composite trademark.

The case concerned Levi’s famous red labels, which are sewn into the seams of their jeans’ rear pockets. Levi’s owned a German composite trademark for the red label containing the word LEVIS, as well as a figurative Community trademark consisting of the plain red label. Colloseum began selling jeans with red labels containing their brand names sewn into the right seams of their jeans’ rear pockets. Levi’s subsequently commenced proceedings against Colloseum in Germany…

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