C-223/15: No EU-wide Confusion, No EU-wide Injunction - The IPKat

3 comments:

1. AnonymousMonday, 3 October 2016 at 10:36:00 GMT+1

   And what happens to free circulation of "Combit" goods sold in the U.K.?

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2. AnonymousMonday, 3 October 2016 at 11:55:00 GMT+1

   You can't. Free movement only affects goods YOU put on the market. It doesnt mean that if you don't infringe in one country of the EU you can elsewhere.Hope that helps.

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3. Mark SchweizerMonday, 3 October 2016 at 13:42:00 GMT+1

   to anonymous at 10:36:00 BST: The question highlights why the answer to the referred question is not as obvious as the CJEU makes it sound. The unitary effect of the EU trade mark serves to prevent trade mark rights from interfering with the free trade of goods within the EU. Once you have territorially limited injunctions, you introduce such barriers. That's a necessary effect of such limited injunctions (note that technically, a third party selling COMMIT software from the UK to Germany is not in violation of the injunction, as it only applies to Commit as the party of the proceeding; however, a German court would have no trouble also enjoining the third party upon Combit's request).

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