Judgment of the Court (Fourth Chamber) of 22 October 2020
Ferrari SpA v DU
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive 2008/95/EC – Article 12(1) – Genuine use of trade mark – Burden of proof – Article 13 – Proof of use ‘in respect of some of the goods or services’ – Trade mark covering a car model the production of which has stopped – Use of the trade mark in respect of replacement parts as well as for services relating to that model – Use of the trade mark for used vehicles – Article 351 TFEU – Convention between the Federal Republic of Germany and the Swiss Confederation – Reciprocal protection of patents, designs and trade marks
Case C-720/18 and C-721/18
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Judgment
ECLI:EU:C:2020:854 |
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