C-2/00

Holterhoff v Freiesleben

The following question concerning the interpretation of the second sentence of Article 5(1) and Article 5(1)(a) and (b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40 of 11 February 1989, p.1; corrigendum in OJ L 159 of 10 June 1989, p. 60) (hereinafter: "Directive 89/104/EEC") is hereby referred to the Court of Justice of the European Communities for a preliminary ruling:

Does an infringement of a trade mark in the sense contemplated in the second sentence of Article 5(1)(a) and (b) of Directive 89/104/EEC occur where the defendant reveals the origin of goods which he has produced himself and uses the sign in respect of which the plaintiff enjoys protection solely to denote the particular characteristics of the goods he is offering for sale so that there can be no question of the trade mark used being perceived in trade as sign indicative of the firm of origin?