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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 16 JULY 2009
Commission action against Der Grüne Punkt reaffirmed by ECJ

Although it is more of a competition law case than anything else, today's European Court of Justice ruling in Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission is not without interest to trade mark owners. In essence, what was at stake was a trade mark licensing scheme that effectively enabled Grüne Punkt, as a trade mark owner enjoying market dominance in the field of collecting waste packaging for recycling, to collect royalty revenue in respect of the use of its mark on packaging whether the disposal of the packaging was performed by it or not.

The European Commission condemned the licence scheme in 2001, whereupon the company complied with its decision. Since then, the legality of the scheme has been litigated both before the Court of First Instance and the ECJ, both of which have ruled against the company.

Posted by: Blog Administrator @ 22.43
Tags: competition law, trade mark licence,
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