The car manufacturer Audi is the owner of the EU trademark nº 000018762 in class 12 (for vehicles and spare parts, inter alia), to protect the following logo:
GQ was sued for trademark infringement for the sale by Internet of spare parts for motor vehicles, primarily to distributors of such parts. As part of that business, GQ advertised grilles, adapted and designed for older models of Audi motor vehicles dating from the 1980s and 1990s, and offered those grilles for sale. The grilles contained an element designed for the attachment of an emblem of the brand of the motor vehicle manufacturer Audi.
The case came to the Court of Justice of the European Union from the Regional Court of Warsaw, which asks the Court of Justice to determine whether the marketing of car spare parts such as the radiator grilles in question constitutes, under EU law “use of a sign in the course of trade” liable to impair the functions of the AUDI trademark. He also questions whether the owner of that trademark may prohibit a third party from such use.
In its Judgement of 25th of January 2024, Case C‑334/22, the CJEU affirmed that automobile manufacturers like Audi can legally prevent third parties from using a sign identical or similar to their trademark for spare parts (in the present case these parts were designed to hold the manufacturer’s emblem and resemble the trademark in shape).
The Court also clarified that this protection extends irrespective of whether the spare parts and the goods for which the trademark is registered are identical, similar, or different if the national Court finds that AUDI has a reputation within the EU.
This decision is pivotal in reinforcing trademark rights within the EU, ensuring that the reputation and quality associated with a brand are duly safeguarded.
Noelia Gutiérrez
Attorney at Law
