Holterhoff v Freiesleben [2002] ECRI-4187
Judgement for the case Holterhoff v Freiesleben
Table Of Contents
Claimant owned trade mark ‘SPIRIT SUN’ for precious stones. Defendant, a jeweller, promised customers he could cut a diamond in the shape of SPIRIT SUN.
However customers in question did not believe that use of trade mark indicated that jewels to be made came from Claimant.
Claimant sued for infringement.
Held
-
Is no infringement where Defendant uses trade mark to denote characteristics of goods, and trade mark is not perceived as a sign of origin
I.e. where use is descriptive
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