Is consent required to use registered trade marks on model replica cars?

A car manufacturer that is a proprietor of a trade mark registered for toys cannot prohibit use by a third party of its trade mark on model replica cars unless such use affects the functions of the trade mark or takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark.

Taylor Wessing's Tim Pinto analyses the important trade mark decision of the European Court of Justice in Adam Opel v Autec AG - Case C-48/05, 25 January 2007.

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