- June 1, 2019
- Posted by: Diederik Stols
- Category: All posts
Noot Hidde Koenraad & Diederik Stols bij HvJ EU 25 juli 2018 (Mitsubishi/Duma)
In Mitsubishi v Duma the Court of Justice of the European Union (CJEU) found that the debranding and rebrandingof goods in transit undermines various essential functionsof a trademark – in particular, the origin, investment andmarketing functions. The judgment is significant as it extends the scope of trademark protection and broadensthe concept of use in the course of trade. This article illustrates how the decision provides trademark ownerswith a valuable tool for enforcing their IP rights.