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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>Article 6(1)(c) of Directive 2008/95 – and therefore Art. 37(c) of the Spanish Trade Mark Law in its original wording – must be interpreted as meaning that it covers use of the trade mark in the course of trade by a third party for the purpose of identifying or referring to, in accordance with honest practices in industrial or commercial matters, goods or services as those of the proprietor of that trade mark only when such use of the trade mark is necessary to indicate the intended purpose of a product marketed by that third party or of a service offered by that party.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Use of a sign falls within the scope of Art. 34(2)(c) of the Spanish Trade Mark Law in so far as it entails taking unfair advantage of the distinctive character or repute of the trade mark in question (here: the reference by the defendant, when advertising its services, to the fact that one of the prizes in the prize draw is a ZARA gift card, constitutes an unlawful (non-consensual) transfer of the image of the trade mark or the characteristics projected by it to the goods advertised by the defendant and, as such, is a way in which the defendant takes advantage of ZARA’s renown, its power of attraction, reputation and prestige.</p> </ItemContent> </ListItem> </OrderedList></p>

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“ZARA”

  • 期刊论文

  • 发表日期：

    2025年5月19日

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摘要

1.

Article 6(1)(c) of Directive 2008/95 – and therefore Art. 37(c) of the Spanish Trade Mark Law in its original wording – must be interpreted as meaning that it covers use of the trade mark in the course of trade by a third party for the purpose of identifying or referring to, in accordance with honest practices in industrial or commercial matters, goods or services as those of the proprietor of that trade mark only when such use of the trade mark is necessary to indicate the intended purpose of a product marketed by that third party or of a service offered by that party.

2.

Use of a sign falls within the scope of Art. 34(2)(c) of the Spanish Trade Mark Law in so far as it entails taking unfair advantage of the distinctive character or repute of the trade mark in question (here: the reference by the defendant, when advertising its services, to the fact that one of the prizes in the prize draw is a ZARA gift card, constitutes an unlawful (non-consensual) transfer of the image of the trade mark or the characteristics projected by it to the goods advertised by the defendant and, as such, is a way in which the defendant takes advantage of ZARA’s renown, its power of attraction, reputation and prestige.