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Document C2007/269/28
Case C-371/06: Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV (Trade marks — Directive 89/104/EEC — Article 3(1)(e), third indent, and Article 3(3) — Sign — Shape which gives substantial value to goods — Use — Advertising campaigns — Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
Case C-371/06: Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV (Trade marks — Directive 89/104/EEC — Article 3(1)(e), third indent, and Article 3(3) — Sign — Shape which gives substantial value to goods — Use — Advertising campaigns — Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
Case C-371/06: Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV (Trade marks — Directive 89/104/EEC — Article 3(1)(e), third indent, and Article 3(3) — Sign — Shape which gives substantial value to goods — Use — Advertising campaigns — Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
SL C 269, 10.11.2007, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
10.11.2007 |
EN |
Official Journal of the European Union |
C 269/15 |
Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV
(Case C-371/06) (1)
(Trade marks - Directive 89/104/EEC - Article 3(1)(e), third indent, and Article 3(3) - Sign - Shape which gives substantial value to goods - Use - Advertising campaigns - Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
(2007/C 269/28)
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden
Parties to the main proceedings
Applicant: Benetton Group SpA
Defendant: G-Star International BV
Re:
Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 3(1)(e), third indent, of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Jeans whose distinctive sign is the features of working or motorcycling clothes with knee pads — Sign consisting of a shape which gives substantial value to the goods
Operative part of the judgment
The third indent of Article 3(1)(e) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the shape of a product which gives substantial value to that product cannot constitute a trade mark under Article 3(3) of that directive where, prior to the application for registration, it acquired attractiveness as a result of its recognition as a distinctive sign following advertising campaigns presenting the specific characteristics of the product in question.