Gerolsteiner Brunnen GmbH & Co v Putsch GmbH [2004] EUECJ C-100/02
Judgement for the case Gerolsteiner Brunnen GmbH & Co v Putsch GmbH
Table Of Contents
Claimant had registered mark ‘GERRI’ for mineral water. Defendant sold water bearing the mark ‘KERRY SPRING’.
Claimant sued for infringement; Defendant 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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