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Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd

[2003] Case C-292/00

Case summary last updated at 01/02/2020 16:34 by the Oxbridge Notes in-house law team.

Judgement for the case Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd

Question was referred to ECJ whether section 5(2) also applied where the good in respect of which earlier and later mark are registered are not similar or identical  (despite the wording in Trade Mark Directive itself). Held:
 
·       Section also applies to protect reputation of an earlier mark where the later good or service is similar or identical to goods or service for which earlier mark was registered.
·       Would be bizarre if non-similar goods got wider protection than similar goods

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