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Case C-361/22, Inditex: Judgment of the Court (Fourth Chamber) of 11 January 2024 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Industria de Diseño Textil, SA (Inditex) v Buongiorno Myalert SA (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 6(1)(c) — Limitation of the effects of the trade mark — Use of a trade mark to indicate the intended purpose of a product or service — Directive (EU) 2015/2436 — Article 14(1)(c))

ECLI:EU:UNKNOWN:62022CA0361

62022CA0361

January 11, 2024
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Official Journal of the European Union

Series C

C/2024/1504

26.2.2024

(Case C-361/22, (<span class="oj-super oj-note-tag">1</span>) Inditex)

(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 6(1)(c) - Limitation of the effects of the trade mark - Use of a trade mark to indicate the intended purpose of a product or service - Directive (EU) 2015/2436 - Article 14(1)(c))

(C/2024/1504)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Industria de Diseño Textil, SA (Inditex)

Defendant: Buongiorno Myalert SA

Operative part of the judgment

Article 6(1)(c) 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

must be interpreted as meaning that it covers use of the trade mark in the course of trade by a third party for the purpose of identifying or referring to, in accordance with honest practices in industrial or commercial matters, goods or services as those of the proprietor of that trade mark only when such use of the trade mark is necessary to indicate the intended purpose of a product marketed by that third party or of a service offered by that party.

Language of the case: Spanish.

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