CELEX: 62010CA0119
Language: en
Date: 2011-12-15 00:00:00
Title: Case C-119/10: Judgment of the Court (First Chamber) of 15 December 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Frisdranken Industrie Winters BV v Red Bull GmbH (Trade marks — Directive 89/104/EEC — Article 5(1)(b) — Filling of cans already bearing a sign similar to a trade mark — Service provided under an order from and on the instructions of another person — Action taken by trade-mark proprietor against the service provider)

11.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/3
            
         Judgment of the Court (First Chamber) of 15 December 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Frisdranken Industrie Winters BV v Red Bull GmbH
   (Case C-119/10) (1)
   
   (Trade marks - Directive 89/104/EEC - Article 5(1)(b) - Filling of cans already bearing a sign similar to a trade mark - Service provided under an order from and on the instructions of another person - Action taken by trade-mark proprietor against the service provider)
   2012/C 39/03
   Language of the case: Dutch
   
      Referring court
   
   Hoge Raad der Nederlanden
   
      Parties to the main proceedings
   
   
      Applicant: Frisdranken Industrie Winters BV
   
      Defendant: Red Bull GmbH
   
      Re:
   
   Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 5 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) — Right of the proprietor of a registered trade mark to oppose the unlawful use of its mark — Use of a sign — Filling of cans already bearing a sign as a service for and under an order from another person — Goods destined exclusively for export to countries outside the Benelux area or the European Union — Relevant public
   
      Operative part of the judgment
   
   Article 5(1)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by the other person who, in advance, affixed to it a sign which is identical with, or similar to, a sign protected as a trade mark does not itself make use of the sign that is liable to be prohibited under that provision.
   
      (1)  OJ C 134, 22.5.2010.