combit Software GmbH v Commit Business Solutions Ltd

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling, deciding that arts 1(2), 9(1)(b) and 102(1) of Council Regulation (EC) No 207/2009 should be interpreted as meaning that, where an European Union trade mark court found that the use of a sign created a likelihood of confusion with an EU trade mark in one part of the EU whilst not creating such a likelihood in another part thereof, that court had to conclude that there was an infringement of the exclusive right conferred by that trade mark and issue an order prohibiting the use in question for the entire area of the EU with the exception of the part in respect of which there had been found to be no likelihood of confusion.

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