More Levi Strauss Questions For Ecj

A novel example has been referred to the European Court of Justice. It's Case C-145/05 Levi Strauss & Co v Casucci Spa, from the Cour de Cassation, Belgium. The curia website reads equally follows:

Reference has been made ... for a preliminary ruling inward the proceedings betwixt Levi Strauss & Co together with Casucci Spa on the next questions:

* For the purposes of determining the reach of protection of a merchandise grade which has been lawfully acquired on the dry reason of its distinctive character, inward accordance alongside Article 5(1) of Council Directive 89/104, must the courtroom direct maintain into concern human relationship the perception of Earth concerned at the fourth dimension when utilisation commenced of the merchandise grade or like sign which allegedly infringes the merchandise mark?

Levi Strauss -- together with the trousers he was never photographed piece wearing ...

* If not, may the courtroom direct maintain into concern human relationship the perception of Earth concerned at whatever fourth dimension later on offset of the utilisation complained of? Is it entitled inward item to direct maintain into concern human relationship the perception of Earth concerned at the fourth dimension it delivers its ruling?

* Where, inward application of the measure referred to inward the initiative of all question, the courtroom finds that the merchandise grade has been infringed, is it entitled, equally a full general rule, to lodge cessation of the infringing utilisation of the sign?

* Can the seat move unlike if the claimant's merchandise grade has lost its distinctive grapheme wholly or inward role later on offset of the infringing use, but exactly where that loss is due wholly or inward role to an deed or omission yesteryear the proprietor of that merchandise mark?

looks peculiarly forrad to the respond to the initiative of all of those questions: the human relationship betwixt the reach of protection accorded to a merchandise grade together with the perception of Earth has already been considered inward price of the 'principle of proportionality' (the better-known the mark, the broader the protection), but world perception of a grade is non a constant: it may vary inward accordance alongside such factors equally the nature of the utilisation made of it yesteryear its possessor or others, the presence or absence of competitors together with then on. Merpel asks, why are questions to the ECJ ever couched inward such strong together with formal terms, together with does it matter? The ECJ is quite happy to rewrite the questions then that it tin laissez passer on notice laissez passer on the answers it thinks the referring courtroom should want.