ADVERTISING LAW – FREE MOVEMENT
Prohibition on advertising of foreign gambling not precluded
• that Article 49 EC must be interpreted as not precluding legislation of a Member State, such as that at issue in the main actions, which prohibits the advertising to residents of that State of gambling organised for the purposes of profit by private operators in other Member States.
Assesment of conceptual similarity
• the General Court erred in law in basing its assessment of the conceptual similarity of the marks on general considerations taken from the case-law without analysing all the relevant factors specific to the case, in disregard of the requirement of an overall assessment of the likelihood of confusion, taking account of all factors relevant to the circumstances of the case, and based on the overall impression produced by the marks at issue.
Made available to the public at trade fair and specialised press
• The circles specialised in the conference units sector, operating in the European Union, follow the trade fairs and specialised reviews of that sector in the normal course of business.
Distinctive character – qualification trademark
• The decisive factor is not the classification of the sign as figurative, threedimensional or other, but the fact that the sign is indistinguishable from the appearance of the product designated.
GAMES OF CHANCE – FREEDOM TO PRO-VIDE SERVICES
GAMES OF CHANCE – FREEDOM TO PROVIDE SERVICES