CELEX: C1998/072/17
Language: en
Date: 1998-03-07 00:00:00
Title: Reference for a preliminary ruling by Sø- og Handelsretten, Copenhagen, by order of that court of 3 December 1997 in the cases of Calvin Klein Trademark Trust v. Cowboyland A/S, Dansk Supermarked Administration A/S, HBN Marketing ApS, Progress, in the person of Peter Jensen, and Bilka Lavprisvarehus A/S (Case C-4/98)

C 72/10              EN                  Official Journal of the European Communities                                    7.3.98
is not open to the Member State in which he is                          If the answer to Question 2 is in the affirmative, the
temporarily working to regard work carried out on its                   following further questions are raised:
territory as salaried employment, or must those provisions
be interpreted as meaning that it is open to the latter State
to regard that temporary work as salaried employment in
order to bring the person concerned on that ground within           3. Does the determination whether the legislation of non-
its legislation on employed persons?                                    member country or countries in question offers the
                                                                        guarantee of reciprocity referred to in Question 2 fall
                                                                        within the scope of Article 177 of the Treaty
                                                                        establishing the European Community so that a court
                                                                        in a Member State is entitled or even, according to the
                                                                        circumstances, bound to refer a question to the Court
                                                                        of Justice?
Reference for a preliminary ruling by Sù- og                            If the answer to Question 3 is in the affirmative, the
Handelsretten, Copenhagen, by order of that court of                    following further questions are raised:
3 December 1997 in the cases of Calvin Klein Trademark
Trust v. Cowboyland A/S, Dansk Supermarked
Administration A/S, HBN Marketing ApS, Progress, in the
    person of Peter Jensen, and Bilka Lavprisvarehus A/S            4. Should the trade mark legislation in the United States
                                                                        of America be regarded as offering the guarantee of
                        (Case C-4/98)                                   reciprocity referred to in Question 2?
                         (98/C 72/17)
                                                                        Lastly, if the answer to Question 1 is in the negative
                                                                        and/or Question 2 is answered in the affirmative, the
                                                                        following final question is raised:
Reference has been made to the Court of Justice of the
European Communities by an order of Sù- og
Handelsretten (Maritime and Commercial Court) of
3 December 1997, which was received at the Court                    5. Should the term legitimate reasons' in Article 7(2) of
Registry on 12 January 1998, for a preliminary ruling in                the said Directive be understood as meaning that the
the cases of Calvin Klein Trademark Trust v. Cowboyland                 proprietor of a trade mark may oppose use of the
A/S and Others, on the following questions:                             mark in a Member State on goods which have been
                                                                        marketed in a non-member country by the proprietor,
                                                                        or with his consent, when those goods are different in
                                                                        design, fit, colour, labelling information, handling of
                                                                        the material used, sewing and similar ways from
1. Does Article 7(1) of the First Council Directive of                  equivalent goods marketed by the proprietor of the
     21 December 1988 to approximate the laws of the                    mark, or with his consent, in the Member State in
     Member States relating to trade marks (89/104/                     question or in other Member States?
     EEC) (1) preclude the individual Member States from
     maintaining, introducing or reintroducing a general
     rule in their national trade mark legislation to the           (1) OJ L 40, 11.2.1989, p. 1.
     effect that the proprietor of a trade mark may not
     prevent the use of the trade mark in that Member
     State for goods which have been put on the market
     under that mark by the proprietor of the mark
     himself, or with his consent, in a non-member country,
     in other words outside the Community area?
                                                                    Reference for a preliminary ruling from the Tribunal de
                                                                    Grande Instance, AngouleÃme (First Civil Chamber) by
                                                                    judgment of that court of 8 January 1998 in the case of
2. Are the courts in a Member State entitled to preclude
                                                                    SA Otor Godard v. Directeur des Services Fiscaux de la
     the proprietor of a trade mark from preventing the use
                                                                                                Charente
     in the Member State of the mark for goods which
     have been put on the market under that mark by the                                      (Case C-5/98)
     proprietor of the mark himself, or with his consent, in
     a non-member country whose trade mark legislation                                        (98/C 72/18)
     guarantees that the proprietor of the mark is precluded
     from preventing the use of a mark in the non-member
     country in question for goods which have been put on
     the market for the first time by the proprietor of the         Reference has been made to the Court of Justice of the
     mark himself, or with his consent, in a Member State?          European Communities by a judgment of the First Civil