Judgment_paragraph 34 · Nute Partecipazioni SpA and La Perla Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-59/08)

34Where the proprietor of the earlier mark has shown that there is either actual and present injury to its mark or, failing that, a serious risk that such injury will occur in the future, it is for the proprietor of the later mark to establish that there is due cause for the use of that mark (see, by analogy, Intel Corporation, paragraph 39).