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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrariā€™s Testarossa is genuine use of the trade mark

The IPKat

When considering spare parts in connection with genuine use, the Court of Justice of the European Union (CJEU) held in Ferrari SpA v DU ( C-720/18) EU:C:2020:854 (amongst others) that use of a trade mark is also genuine use if the proprietor of the trade mark sells second-hand goods themselves.

Fair Use 117
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Community unregistered design right may arise in part of complex product (ECJ)

LexBlog IP

In the national proceedings, the racing car manufacturer Ferrari was suing the defendant, a company that offered racing car personalisation services, for unregistered Community design infringement arising from its sale of personalisation kits. Ferrari appealed, and the appeal court referred the present questions to the ECJ.

Designs 52
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[Guest post] Retromark Volume XIII: the last six months in trade marks

The IPKat

Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWHC 411 (IPEC) (February 2023) The case title might suggest this is a battle between two highly descriptive marks (ala Office Cleaning), but in fact both of these floor cleaning equipment companies had adopted the abbreviation ICE.

Editing 70