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Case C-500/14: Order of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunale ordinario di Torino) — Ford Motor Company v Wheeltrims srl Reference for a preliminary ruling — Designs — Directive 98/71/EC — Article 14 — Regulation (EC) No 6/2002 — Article 110 — So-called ‘repair’ clause — Use by a third party of a mark, in the absence of the proprietor’s consent, for spare parts or accessories for motor vehicles identical to the goods in relation to which the trade mark is registered
ECLI:EU:UNKNOWN:62014CB0500
62014CB0500
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Official Journal of the European Union
C 38/14
(Case C-500/14) (<span class="super">1</span>)
(Reference for a preliminary ruling - Designs - Directive 98/71/EC - Article 14 - Regulation (EC) No 6/2002 - Article 110 - So-called ‘repair’ clause - Use by a third party of a mark, in the absence of the proprietor’s consent, for spare parts or accessories for motor vehicles identical to the goods in relation to which the trade mark is registered)
(2016/C 038/18)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Ford Motor Company
Defendant: Wheeltrims srl
Operative part of the order
Article 14 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Article 110 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as precluding, by way of derogation to the provisions 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 and Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, a manufacturer of spare parts and accessories for motor vehicles, such as hub caps, from affixing to its goods a sign which is identical to a registered trade mark, inter alia for such goods, by a manufacturer of motor vehicles, without the consent of the latter, on the ground that the use which would thus be made of that trade mark constitutes the only means of repairing the vehicle at issue by restoring its original appearance as a complex product.
(<span class="note">1</span>) OJ C 46, 9.2.2015.