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.