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Gerolsteiner Brunnen GmbH & Co v Putsch GmbH

[2004] EUECJ C-100/02

Case summary last updated at 01/02/2020 20:37 by the Oxbridge Notes in-house law team.

Judgement for the case Gerolsteiner Brunnen GmbH & Co v Putsch GmbH

C had registered mark ‘GERRI’ for mineral water. D sold water bearing the mark ‘KERRY SPRING’. C sued for infringement; D sought to rely on descriptive use defence. Held:
 
·       Use of sign to indicate geographical origin can be defence even if sign is also being used indicate trade origin

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