Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 61975J0086

**Judgment of the Court of 15 June 1976. - EMI Records Limited v CBS Grammofon A/S. - Reference for a preliminary ruling: Sø- og Handelsretten - Denmark. - Case 86-75.** 
  
*European Court reports 1976 Page 00871  
 Greek special edition Page 00363  
 Portuguese special edition Page 00387*

  

[Summary](#SM)  
[Parties](#I1)  
[Subject of the case](#I2)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Keywords

  
*1 . INDUSTRIAL PROPERTY - PROTECTION - TRADE-MARK RIGHT - EXERCISE - PROPRIETOR OF A MARK IN ALL THE MEMBER STATES OF THE COMMUNITY - SIMILAR PRODUCTS BEARING THE SAME MARK AND COMING FROM A THIRD COUNTRY - IMPORTATION INTO THE COMMON MARKET - PREVENTION - CONFORMITY WITH THE PROVISIONS OF THE TREATY

( EEC TREATY , ARTICLE 9 ( 2 ), ARTICLE 10 ( 1 ), ARTICLE 36 AND ARTICLE 110 )

2 . COMPETITION - RESTRICTIVE AGREEMENTS - TRADE-MARK RIGHT - EXERCISE - PROHIBITION

( EEC TREATY , ARTICLE 85 ( 1 ))

3 . COMPETITION - RESTRICTIVE AGREEMENTS - TRADERS WITHIN THE COMMON MARKET AND IN THIRD COUNTRIES - TRADE-MARK RIGHT - EXERCISE - PRODUCTS ORIGINATING IN THIRD COUNTRIES SIMILAR TO THOSE PROTECTED BY A MARK WITHIN THE COMMUNITY - OFFER - REDUCTION - PROHIBITION

( EEC TREATY , ARTICLE 85 ( 1 ))

4 . COMPETITION - RESTRICTIVE AGREEMENTS - TERMINATION OF VALIDITY - SUBSEQUENT EFFECTS - PROHIBITION - APPLICATION - LIMITS - NATIONAL TRADE-MARK RIGHTS - EXERCISE

( EEC TREATY , ARTICLE 85 ( 1 ))

5 . COMPETITION - DOMINANT POSITION ON THE MARKET - TRADE-MARK RIGHT - EXERCISE - SIMILAR PRODUCTS COMING FROM A THIRD COUNTRY UNDER THE SAME MARK - DISTRIBUTION WITHING THE COMMON MARKET - PREVENTION - ABUSE OF A DOMINANT POSITION - ABSENCE

( EEC TREATY , ARTICLE 86 ))

6 . INDUSTRIAL PROPERTY - PROTECTION - TRADE-MARK RIGHT - EXERCISE - PROPRIETOR OF A MARK IN THE MEMBER STATES - POWER TO PREVENT THE EXERCISE BY A THIRD PARTY OF THE SAME TRADE-MARK OWNED IN A THIRD COUNTRY - OBLITERATION OF THE MARK ON THE PRODUCTS CONCERNED FOR THE PURPOSES OF EXPORTS TO THE COMMUNITY - AFFIXING OF A DIFFERENT MARK - PERMISSIBLE CONSEQUENCES*

## Summary

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