No use of trade mark in website advertisements after ending trade mark use agreement
03-03-2016 Print this page
Third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the proprietor, makes no use of the mark (Article 5(1)(a) and (b) of the Trade Marks Directive 2008) when
the advertisement has not been placed by a third party or on his behalf
45. that a third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the proprietor of the trade mark, does not make use of that sign that may be prohibited by that proprietor under that provision, where that advertisement has not been placed by that third party or on his behalf
or if that advertisement has been placed by or on behalf of the thrid party with consent of the proprietor, where the third party has expressly requested to remove the advertisement.
[...] or, if that advertisement has been placed by that third party or on his behalf with the consent of the proprietor, where that third party has expressly requested the operator of that website, from whom the third party ordered the advertisement, to remove the advertisement or the reference to the mark contained therein.
C-179/15 - ECLI:EU:C:2016:134
