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
Date Written: 2013
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: Suggested Citation