Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48
‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
