The Weekly Law Reports
[2004] 2 WLR 1095
Court of Justice of the European Communities
Adidas-Salomon AG and another v Fitnessworld Trading Ltd
(Case C-408/01)
2003 April 3;
July 10;
Oct 23
July 10;
Oct 23
President of Chamber J-P Puissochet, Judges C Gulmann, F Macken, N Colneric and J N Cunha Rodrigues Advocate General F G Jacobs
Trade mark
— Proprietor's rights
— Registered trade marks with reputation
— EC member states' option to grant protection in case of sign identical or similar to registered mark in relation to “not similar” goods or services
— Whether member states exercising option obliged to provide for protection in case of identical or similar goods or services
— Criteria for finding of similarity between sign and registered mark
— Relevance of finding that sign viewed purely as embellishment
—
Council Directive 89/104/EEC, art 5(2)