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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 9, 2007
Journal of Intellectual Property Law & Practice 2007 2(6):359-362; doi:10.1093/jiplp/jpm065
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Is consent required to use registered trade marks on model replica cars?

Timothy Pinto
Taylor Wessing, London

Adam Opel AG v Autec AG - ECJ Case C-48/05, 25 January 2007.

A car manufacturer that is a proprietor of a trade mark registered for toys cannot prohibit use by a third party of its trade mark on model replica cars unless such use affects the functions of the trade mark or takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark.

Correspondence: t.pinto{at}taylorwessing.com


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