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Case C-223/15: Judgment of the Court (Second Chamber) of 22 September 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — combit Software GmbH v Commit Business Solutions Ltd (Reference for a preliminary ruling — Regulation (EC) No 207/2009 — European Union trade mark — Unitary character — Finding of a likelihood of confusion in respect of only part of the European Union — Territorial scope of the prohibition referred to in Article 102 of that regulation)
ECLI:EU:UNKNOWN:62015CA0223
62015CA0223
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14.11.2016
Official Journal of the European Union
C 419/19
(Case C-223/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Regulation (EC) No 207/2009 - European Union trade mark - Unitary character - Finding of a likelihood of confusion in respect of only part of the European Union - Territorial scope of the prohibition referred to in Article 102 of that regulation))
(2016/C 419/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: combit Software GmbH
Defendant: Commit Business Solutions Ltd
Operative part of the judgment
Article 1(2), Article 9(1)(b) and Article 102(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that, where an EU trade mark court finds that the use of a sign creates a likelihood of confusion with an EU trade mark in one part of the European Union whilst not creating such a likelihood in another part thereof, that court must conclude that there is an infringement of the exclusive right conferred by that trade mark and issue an order prohibiting the use in question for the entire area of the European Union with the exception of the part in respect of which there has been found to be no likelihood of confusion.
(<span class="note">1</span>) OJ C 294, 7.9.2015.