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Adam Opel v Autec

[2007] Case C-48/05

Case summary last updated at 01/02/2020 19:35 by the Oxbridge Notes in-house law team.

Judgement for the case Adam Opel v Autec

C, car manufacturer, had trade mark for its logo for cars and toys. D sold remote-controlled scale-models of one of C’s cars, with C’s trade mark on them. C sued for infringement under Article5(1)(a). Held:
 
·       Is no infringement where average consumer does not believe goods come from owner or economically-linked undertaking.
·       Thus if German consumers do not see D’s use of C’s mark as indicating origin of scale-models, no infringement.

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