38The Court has also noted that those provisions are intended to provide a trade mark proprietor with a legal instrument allowing him to prohibit, and thus to prevent, any use of his trade mark by a third party without his consent. However, only a third party who has direct or indirect control of the act constituting the use is effectively able to stop that use and therefore comply with that prohibition (see, to that effect, judgment of 3 March 2016, Daimler, C‑179/15, EU:C:2016:134, paragraph 41).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.