IP case law Court of Justice

Conflict with other rights

A Community trade mark shall also be declared invalid on application to the Office or on the basis of a counterclaim in
infringement proceedings where the use of such trade mark may be prohibited pursuant to another earlier right under the
Community legislation or national law governing its protection, and in particular:
(a) a right to a name;
(b) a right of personal portrayal;
(c) a copyright;
(d) an industrial property right.
(Art. 53 (b) CTM Regulation, see also Art. 4(4)(c) Directive 2008/95)

2 appeals

Judgment of 27 Mar 2014, C-530/12 (National Lottery Commission)

Judgment of 5 Jul 2011, C-263/09 (Edwin Co. - ELIO FIORUCCI)