IPPT20110714, CJEU, Viking Gas v Kosan Gas

Print this page 25-07-2011
IPPT20110714, CJEU, Viking Gas v Kosan Gas

TRADEMARK LAW

 

Refilling gas bottles generally not an infringement of trademark rights
• that the holder of an exclusive licence for the use of composite gas bottles intended for re-use, the shape of which is protected as a three-dimensional mark and to which the holder has affixed its own name and logo that are registered as word and figu-rative marks, may not prevent those bottles, after consumers have purchased them and consumed the gas initially contained in them, from being ex-changed by a third party, on payment, for composite bottles filled with gas which does not come from the holder of that licence, unless that holder is able to rely on a proper reason for the purposes of Arti-cle 7(2) of Directive 89/104. 


IPPT20110714, CJEU, Viking Gas v Kosan Gas