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Document 62010CN0046
Case C-46/10: Reference for a preliminary ruling from the Højesteret (Denmark), lodged on 28 January 2010 — Viking Gas A/S v BP Gas A/S
Case C-46/10: Reference for a preliminary ruling from the Højesteret (Denmark), lodged on 28 January 2010 — Viking Gas A/S v BP Gas A/S
Case C-46/10: Reference for a preliminary ruling from the Højesteret (Denmark), lodged on 28 January 2010 — Viking Gas A/S v BP Gas A/S
OJ C 80, 27.3.2010, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
27.3.2010 |
EN |
Official Journal of the European Union |
C 80/20 |
Reference for a preliminary ruling from the Højesteret (Denmark), lodged on 28 January 2010 — Viking Gas A/S v BP Gas A/S
(Case C-46/10)
2010/C 80/35
Language of the case: Danish
Referring court
Højesteret
Parties to the main proceedings
Appellant: Viking Gas A/S
Respondent: BP Gas A/S
Questions referred
1. |
Is Article 5, in conjunction with Article 7, of First Council Directive 89/104/EEC (1) of 21 December 1988 to approximate the laws of the Member States relating to trade marks to be interpreted in such a way that company B is guilty of an infringement of a trade mark if it fills gas bottles which originate from company A with gas which it then sells, where the following circumstances apply:
|
2. |
If it may be assumed that consumers will generally receive the impression that there is an association between B and A, is this to be regarded as significant for the purpose of answering Question 1? |
3. |
If Question 1 is answered in the negative, may the outcome be different if the composite bottles — apart from being covered by the shape trade mark referred to — also feature (are imprinted with) the registered figurative and/or word mark of A, which is still visible irrespective of any adhesive labels affixed by B? |
4. |
If either Question 1 or Question 3 is answered in the affirmative, may the outcome be different if it is assumed that, with regard to other types of bottle which are not covered by the shape trade mark referred to but which feature A’s word and/or figurative mark, A has for many years accepted, and continues to accept, the refilling of the bottles by other companies? |
5. |
If either Question 1 or Question 3 is answered in the affirmative, may the outcome be different if the consumer himself goes to B directly and there:
|