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Feb 07, 2012
Tom Scourfield, CMS Cameron McKenna LLP, United Kingdom
First published on Mondaq

CJEU Takes Red Bull By The Horns


Tom Scourfield, CMS Cameron McKenna LLP, United Kingdom, First published on MondaqThe Court of Justice of the European Union ("CJEU") has handed down its Judgment in Case C-119/10 Frisdranken Industrie Winters BV v Red Bull GmbH. In doing so, the CJEU has held that the act of simply filling packaging which bears a potentially infringing sign does not constitute use of that sign within the meaning of Article 5(1)(b) of the Trade Mark Directive. This case concerns a company called Smart Drinks Ltd, incorporated  read more