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Case C-102/07: Judgment of the Court (First Chamber) of 10 April 2008 (reference for a preliminary ruling from the Hoge Raad der Nederlanden, Netherlands) — adidas AG, adidas Benelux BV v Marca Mode CV, C&A Nederland, H&M Hennes & Mauritz Netherlands BV, Vendex KBB Nederland BV (Trade marks — Articles 5(1)(b), 5(2) and 6(1)(b) of Directive 89/104/EEC — Requirement of availability — Three-stripe figurative marks — Two-stripe motifs used by competitors as decoration — Complaint alleging infringement and dilution of the mark)
ECLI:EU:UNKNOWN:62007CA0102
62007CA0102
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Official Journal of the European Union
(Case C-102/07) (*)
(Trade marks - Articles 5(1)(b), 5(2) and 6(1)(b) of Directive 89/104/EEC - Requirement of availability - Three-stripe figurative marks - Two-stripe motifs used by competitors as decoration - Complaint alleging infringement and dilution of the mark)
(2008/C 128/21)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: adidas AG, adidas Benelux BV
Defendants: Marca Mode CV, C&A Nederland, H&M Hennes & Mauritz Netherlands BV, Vendex KBB Nederland BV
Re:
Preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 3(1)(b) and (c) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Non-registration or invalidity — Lack of distinctive character — Acquisition through usage — General interest in not restricting unduly the availability of signs perceived by the relevant public as signs serving to embellish a product and not to distinguish it
Operative part of the judgment
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the requirement of availability cannot be taken into account in the assessment of the scope of the exclusive rights of the proprietor of a trade mark, except in so far as the limitation of the effects of the trade mark defined in Article 6(1)(b) of the Directive applies.
* * *
(*) Language of the case: Dutch.