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Case C-772/18: Judgment of the Court (Tenth Chamber) of 30 April 2020 (request for a preliminary ruling from the Korkein oikeus — Finland) — A v B (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Article 5(3)(b)and (c) — Infringement — Concept of ‘use in the course of trade’ — Goods released for free circulation — Imports — Storage — Retention of goods for marketing — Exports)
ECLI:EU:UNKNOWN:62018CA0772
62018CA0772
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Official Journal of the European Union
C 240/13
(Case C-772/18) (*)
(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 5(1) - Article 5(3)(b)and (c) - Infringement - Concept of ‘use in the course of trade’ - Goods released for free circulation - Imports - Storage - Retention of goods for marketing - Exports)
(2020/C 240/16)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Applicant: A
Defendant: B
Operative part of the judgment
Article 5(1) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, read in conjunction with Article 5(3)(b) and (c) of that directive, must be interpreted as meaning that a person who does not engage in trade as an occupation, who takes delivery of, releases for free circulation in a Member State and retains goods that are manifestly not intended for private use, where those goods were sent to his or her address from a third country and where a trade mark, without the consent of the proprietor of that trade mark, is affixed to those goods, must be regarded as using that trade mark in the course of trade, within the meaning of Article 5(1) of that directive.
(*) Language of the case: Finnish.