Brussels, 20/12/2011 (Agence Europe) - A service consisting of the mere filling of cans bearing a sign protected as a trade mark is not use of that sign which is liable to be prohibited.
This is the main substance of the European Court of Justice ruling in Case C-119/10. The case involved Frisdranken Industrie Winters BV (Winters), a Dutch undertaking that is mainly involved in the “filling” of cans with drinks produced by itself or by others. Smart Drinks, a competitor of Red Bull,...