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.

Author: Diederik Stols
Diederik Stols (1969) joined Boekx as a partner in 2009. He specialises in intellectual property, advertising law, sponsorship, entertainment and the cultural sector. Diederik assists clients in a wide variety of industries such as sports apparel, design and fast moving consumer goods. Diederik also advises a number of domestic and international As seen on TV companies on trademark law and advertising law.

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