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Case C-684/19: Judgment of the Court (Tenth Chamber) of 2 July 2020 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — mk advokaten GbR v MBK Rechtsanwälte GbR (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Use in the course of trade of a sign that is identical with or similar to another person’s trade mark for goods or services that are identical with or similar to those for which that mark is registered — Scope of the term ‘using’ — Advertisement placed on a website by order of a person operating in the course of trade and subsequently reproduced on other websites)
ECLI:EU:UNKNOWN:62019CA0684
62019CA0684
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24.8.2020
Official Journal of the European Union
C 279/13
(Case C-684/19) (*)
(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 5(1) - Use in the course of trade of a sign that is identical with or similar to another person’s trade mark for goods or services that are identical with or similar to those for which that mark is registered - Scope of the term ‘using’ - Advertisement placed on a website by order of a person operating in the course of trade and subsequently reproduced on other websites)
(2020/C 279/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: mk advokaten GbR
Defendant: MBK Rechtsanwälte GbR
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 must be interpreted as meaning that a person operating in the course of trade that has arranged for an advertisement which infringes another person’s trade mark to be placed on a website is not using a sign which is identical with that trade mark where the operators of other websites reproduce that advertisement by placing it online, on their own initiative and in their own name, on other websites.
(*)
OJ C 413, 9.12.2019.