Mere Filling of Packaging Bearing Infringing Marks is Not Trade Mark Use

摘要

The Court of Justice of the European Union has rendered on December 15, 2011, an important ruling regarding the concept of trade mark use under the European Trade Marks Directive, in response to questions from the Supreme Court of the Netherlands (Frisdranken Industrie Winters BV v. Red Bull GmbH (Case C-119/10)).