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Case C-684/19: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 17 September 2019 — mk advokaten GbR v MBK Rechtsanwälte GbR
ECLI:EU:UNKNOWN:62019CN0684
62019CN0684
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Official Journal of the European Union
C 413/27
(Case C-684/19)
(2019/C 413/32)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: mk advokaten GbR
Respondent: MBK Rechtsanwälte GbR
Question referred
Does a third party referred to in an entry published on a website that contains a sign identical to a trade mark ‘use’ that trade mark, within the meaning of Article 5(1) of Directive 2008/95/EC, (1) if the entry was not placed there by the third party itself, but was taken by the website’s operator from another entry that the third party had placed in infringement of the trade mark?
* Language of the case: German.
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 (OJ 2008 L 299, p. 25).