CELEX: C2006/294/41
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-371/06: Reference for a preliminary ruling from the Hoge Raad der Nederlanden, lodged on 12 September 2006 — Benetton Group SpA v G-Star International B.V.

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/23
            
         Reference for a preliminary ruling from the Hoge Raad der Nederlanden, lodged on 12 September 2006 — Benetton Group SpA v G-Star International B.V.
   (Case C-371/06)
   (2006/C 294/41)
   Language of the case: Dutch
   Referring court
   Hoge Raad der Nederlanden
   Parties to the main proceedings
   
      Applicant: Benetton Group SpA
   
      Defendant: G-Star International B.V.
   Questions referred
   
               (1)
            
            
               Must Article 3(1)(e), first indent (1), be interpreted as meaning that the prohibition contained therein permanently precludes the registration of a shape as a trade mark where the nature of the product is such that its appearance and shaping determine its market value entirely or substantially as a result of their beauty or original character, or does the prohibition not apply where, prior to the application for registration, the attractiveness of the relevant shape to the public has been determined predominantly by the recognition of it as a distinctive sign?
            
         
               (2)
            
            
               If the answer to Question 1 is to the latter effect, to what extent must this attractiveness have prevailed for the prohibition no longer to apply?
            
         
      (1)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).