Trade Names: An Unbalanced Equation in Trade Mark Law

The focus of the e-presentation is the relationship of names, especially trade names, with trade marks. A selected number of rulings adopted by the Court of Justice on names and personal names as earlier trade marks (Forge de Laguiole and Elio Fiorucci) and, in contrast, on the “own name defence” (Anheuser-Busch) are introduced and commented.

Simon Malynicz

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within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

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must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.