Source: EURLEX
Language: en
Format: md

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| 28.4.2012 | EN | Official Journal of the European Union | C 126/5 |

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Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 8 February 2012 — Leidseplein Beheer B.V. and Others, other parties: Red Bull GmbH and Others

(Case C-65/12)

2012/C 126/10

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant:

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|  | Leidseplein Beheer B.V. |

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|  | H.J.M de Vries |

Defendants:

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|  | Red Bull GmbH |

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|  | Red Bull Nederland B.V. |

Question referred

Is Article 5(2) of Directive 89/104/EEC[(1)](#ntr1-C_2012126EN.01000502-E0001) to be interpreted as meaning that there can be due cause within the meaning of that provision also where the sign that is identical or similar to the trade mark with a reputation was already being used in good faith by the third party/parties concerned before that trade mark was filed?

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