6. Trademarks

Martin Y Paz Diffusion SA v Depuydt and another C-661/11 [2013] All ER (D) 208 (Sep); 4 October

Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trademarks, as amended by the Agreement on the European Economic Area of 2 May 1992, precluded a proprietor of trademarks which, in a situation where there had been use shared with a third party, had consented to the use by that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks are registered and which no longer consents to that use, from being deprived of any possibility of asserting the exclusive right conferred on it by those marks against that third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party.