Questions of Dates

A European Court of Justice (ECJ) decision on 27 April 2006 deals with the issue of the date on mark must be considered in trade mark infringement actions. which the distinctiveness of a trade

Established use

In 1980, Levi Strauss & Co obtained a Benelux trade mark registration covering clothing of the graphic mark known as ‘mouette (seagull)’, a design represented by a double row of overstitching curving downwards in the middle, placed in the centre of a pentagonal pocket. Casucci Spa put jeans onto the market in the Benelux countries bearing a sign comprising a double row of overstitching, curving upwards in the centre back pockets. Levi Strauss, alleging trade mark infringement, brought an action against Casucci on 11 March 1998 before the Brussels Commercial Court.