Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-303/08)

Judgment of 9 Dec 2010

law://eu/cjeu/2008/t-303-08/para_98@2026-11-15

98It is true, as the intervener points out, that it follows from national case-law that, in an action for passing-off, goodwill must be established from the date on which the defendant to the action commenced offering its goods or services (Cadbury Schweppes v Pub Squash (1981) R.P.C. 429).