ECJ SAYS DRINKS COMPANIES CAN BLOCK ASSUMPTION OF TRADEMARK RIGHTS THOUGH FREE DRINKS GIFTS
February 1st, 2009
BY KEITH NUTHALL
THE EUROPEAN Court of Justice has ruled drinks companies can block non-drinks companies from automatically gaining trademark rights to freely gifted promotional drinks carrying the name of these other goods. Its precedent-making ruling came in a case involving Austrian clothing company Maselli claiming trademark rights for drinks it gave away branded with its Wellness clothing brand. This was challenged by Austrian drinks manufacturer Silberquelle, which claimed Maselli had not used and gained rights to the WELLNESS mark for drinks, because ...
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