Luxury good maker Louis Vuitton sues Hyundai for using a basketball bearing the LV-logo in a car commercial. What is your opinion on that issue, taking into consideration Art 5 (2) of the Directive (89/104/EEC)?
2. Any Member State may also provide that the proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or similar to, the trade mark in relation to goods or services which are not similar to those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
I think its safe to say that under European/Austrian jurisdiction courts would see a violation of this provision.
For more details on the case please refer to techdirt.com or see below: