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

Download document:

Keeping tabs on their competitors - .PDF file.

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…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.