Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 26 June 2024 – Oy Lunapark Scandinavia Ltd v Hardeco Finland Oy

(Case C-452/24, Lunapark Scandinavia)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Appellant: Oy Lunapark Scandinavia Ltd

Respondent: Hardeco Finland Oy

Question referred

Does Article 10 of Trade Mark Directive (EU) 2015/2436 ¹ preclude the application, in a dispute concerning a trade mark infringement, of a national principle whereby the proprietor of a trade mark, also in cases other than those covered by Article 18(1) and Article 9(1) or (2) of the Trade Mark Directive, could forfeit the right conferred on him or her by Article 10(2) and (3) to prohibit a third party from using a sign the use of which adversely affects or is liable adversely to affect one of the functions of the trade mark, on the ground that, though being aware of the use of the mark, he or she has not applied for prohibition of that use within a reasonable time?

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¹ Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).