Genuine use of a trade mark established where proprietor is offering second-hand or spare parts service

Roland Scarlett

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 9, 900-902

Abstract: Court of Justice of the European Union, Ferrari SpA v DU, Joined Cases C–720/18 and C–721/18, EU: C:2020:854In Ferrari SpA v DU, the Court of Justice responded to a preliminary ruling request from the Dusseldorf Higher Court and confirmed that Ferrari could establish genuine use of its ‘Testarossa’ legacy brand across the category of goods for which it was registered, on the basis of the sale of spare parts and second-hand cars.

Date: 2021
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