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Hilli, Rainer --- "Compatibility of Products: The ECJ’s Gillette Ruling" [2006] ELECD 236; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 8

Section Title: Compatibility of Products: The ECJ’s Gillette Ruling

Author(s): Hilli, Rainer

Number of pages: 12

Extract:

8. Compatibility of products: the ECJ's
Gillette Ruling
Rainer Hilli

CONTEXT OF THE RULING
The European Court of Justice (ECJ) decision in Gillette1 followed a reference
for a preliminary ruling by the Finnish Supreme Court (Korkein oikeus) on the
interpretation of Article 6(1)(c) of Council Directive 89/104 (the Trade Mark
Directive). In summary the Finnish Supreme Court asked the ECJ to determine
the circumstances in which the use of a third party's trade mark is to be consid-
ered lawful in terms of that Directive.
The case concerns trade mark use in a situation where a competitor refers
to the proprietor's trade mark when marketing a product, in this case razor
cartridges. The legal question is twofold: (i) how are the limitations upon the
effect of a trade mark with regard to spare parts or accessories to be interpreted
and (ii) if referral to a trade mark is permissible, how may such a referral to
another's trade mark be made in order to comply, in both cases with Section
4(2) of the Trade Mark Act, when interpreted in accordance with Article
6(1)(c) of the Trade Mark Directive.


THE FACTS
The Gillette Company is the proprietor of the trade marks GILLETTE and
SENSOR in Finland. Gillette Group Finland Oy markets, inter alias, products
for wet shaving in Finland. LA-Laboratories Ltd Oy, a limited liability
company domiciled in Helsinki, Finland undertakes production activities
relating to techno-chemistry, pharmaceuticals, natural products and ...