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Holterhoff v Freiesleben

[2002] ECRI-4187

Case summary last updated at 01/02/2020 19:39 by the Oxbridge Notes in-house law team.

Judgement for the case Holterhoff v Freiesleben

C owned trade mark ‘SPIRIT SUN’ for precious stones. D, 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 C. C sued for infringement. Held:
 
·       Is no infringement where D uses trade mark to denote characteristics of goods, and trade mark is not perceived as a sign of origin
Ø  i.e. where use is descriptive

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