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Windsurfing Chiemsee Produktions v. Boots is a trademark law decision by the European Court of Justice (“ECJ”) ruling that geographic marks can be registered, as long as the public associates that mark with the trademark owner, and not with the geographic area. According to most systems of trademark law internationally, a mark that designates a geographic place is insufficiently ...
Judgment of the Court of 4 May 1999. Windsurfing Chiemsee Produktions- und Vertriebs GmbH (WSC) v Boots- und Segelzubehör Walter Huber and Franz Attenberger. References for a preliminary ruling: Landgericht München I - Germany. Directive 89/104/EEC - Trade marks - Geographical indications of origin. Joined cases C-108/97 and C-109/97. Reports ...
Windsurfing Chiemsee  Cases 108/97 Case summary last updated at 31/01/2020 15:50 by the Oxbridge Notes in-house law team. Judgement for the case Windsurfing Chiemsee. Company sought to register word ‘Chiemsee’, the largest lake in Bavaria, as trade mark for clothing and sportswear. Question was whether it was descriptive.
10 Windsurfing Chiemsee, which is based near the shores of the Chiemsee, sells sports fashion clothing, shoes and other sports goods which are designed by a sister com pany based in the same place, but are manufactured elsewhere. The goods bear the designation 'Chiemsee'. Between 1992 and 1994, Windsurfing Chiemsee registered
Arrêt de la Cour du 4 mai 1999. Windsurfing Chiemsee Produktions- und Vertriebs GmbH (WSC) contre Boots- und Segelzubehör Walter Huber et Franz Attenberger. Demandes de décision préjudicielle: Landgericht München I - Allemagne. Directive 89/104/CEE - Marques - Indications de provenance géographique. Affaires jointes C-108/97 et C-109/97.
en 48 In that regard, it should be borne in mind that, in its judgment of 4 May 1999, Windsurfing Chiemsee (C‐108/97 and C‐109/97, EU:C:1999:230, paragraph 36), the Court held that, whilst an indication of the geographical origin of a product usually indicates the place where that product was or could be manufactured, the connection between ...
The goods bear the designation 'Chiemsee‘. Between 1992 and 1994, Windsurfing Chiemsee registered that designation in Germany as a picture trade mark in the form of various graphic designs, in some cases with additional features or words such as 'Chiemsee Jeans‘ and 'Windsurfing — Chiemsee — Active Wear‘. 11.
Judgment of the Court of 4 May 1999. - Windsurfing Chiemsee Produktions- und Vertriebs GmbH (WSC) v Boots- und Segelzubehör Walter Huber and Franz Attenberger. - References for a preliminary ruling: Landgericht München I - Germany. - Directive 89/104/EEC - Trade marks - Geographical indications of origin. - Joined cases C-108/97 and C-109/97.
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