Adam Opel v Autec [2007] Case C-48/05
Judgement for the case Adam Opel v Autec
Table Of Contents
Claimant, car manufacturer, had trade mark for its logo for cars and toys. Defendant sold remote-controlled scale-models of one of Claimant’s cars, with Claimant’s trade mark on them.
Claimant 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 Defendant’s use of Claimant’s mark as indicating origin of scale-models, no infringement.
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