C-65/12 Leidseplein Beheer B.V. v H.J.M. de Vries (21 March 2013)

    June 2013
    Advocate General Kokott has provided further guidance on the determination of what is considered to be “due cause” in the context of Art 5(2) Directive 89/104/EEC, which reads:

    “Any Member State may also provide that the proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or similar to, the trade mark in relation to goods or services which are not similar to those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.”