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BMW Nederland BV v Deenik

[1999] C-63/97

Case summary last updated at 01/02/2020 20:55 by the Oxbridge Notes in-house law team.

Judgement for the case BMW Nederland BV v Deenik

C sued D, a car dealer, who described himself as being a specialist in repair and maintenance of BMWs. C claimed that this was unlawful use of their trade mark. Held:
·       D could rely on defence of use to indicate intended purpose.
·       This because use of mark was necessary for C to communicate to public what sort of work he did.

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