Infringement of a Community Trade Mark: Between EU-Wide and Non-EU-Wide Scope of Prohibitive Injunctions

European Intellectual Property Review, Issue 5, pp. 287-296, 2013

15 Pages Posted: 24 Sep 2014

See all articles by Lukasz Zelechowski

Lukasz Zelechowski

University of Warsaw, Faculty of Law and Administration, Department of Intellectual Property Law

Date Written: 2013

Abstract

The article examines the issue of the territorial scope of prohibitive injunctions in cases of infringements of Community Trade Marks in the light of the judgment of the Court of Justice in Case C-235/09, DHL Express France v. Chronopost SA. In particular, the author analyses various factors, which could potentially justify a non-EU-wide scope of injunctions taking into account the criteria adopted in the said judgment.

Keywords: Community Trade Mark, infringement, prohibitive injunctions, unitary character, trademark functions

JEL Classification: K39

Suggested Citation

Zelechowski, Lukasz, Infringement of a Community Trade Mark: Between EU-Wide and Non-EU-Wide Scope of Prohibitive Injunctions (2013). European Intellectual Property Review, Issue 5, pp. 287-296, 2013, Available at SSRN: https://ssrn.com/abstract=2499640

Lukasz Zelechowski (Contact Author)

University of Warsaw, Faculty of Law and Administration, Department of Intellectual Property Law ( email )

Krakowskie Przedmiescie 26/28
Warszawa, Pl-00681
Poland

HOME PAGE: http://zelechowski.edu.pl

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