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Reports of Patent, Design and Trade Mark Cases 2004 121(19):761-766; doi:10.1093/rpc/2004rpc39
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 39

GEROLSTEINER BRUNNEN GMBH & CO v PUTSCH GMBH1 CASE C–100/02

Court of Justice of the European Communities (Fifth Chamber)

(P. Jann (Acting President), C. W. A. Timmermans and D. A. O. Edward (Rapporteur) (Judges)): January 7, 20042

[2004] R.P.C. 39

Trade mark—Infringement—KERRY Spring for soft drinks and mineral water made from water from the Kerry Spring in Ireland—Confusingly similar to registered mark GERRI—Sign indicating geographical origin—Whether Art.6(1) (b) defence applicable when offending sign used as a trade mark—Whether use as a trade mark in accordance with honest practice in industrial or commercial matters—Reference to European Court of Justice.

Key Words: Brand names • Confusion • Geographic areas • International trade marks • Mineral water • Origin of goods • Soft drinks

1 Language of the case: German.

2 Paragraph numbers in this judgment are as assigned by the court.


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