34Use of a sign identical with, or similar to, an EU trade mark occurs ‘in the course of trade’ if it is in the context of a commercial activity intended to obtain an economic advantage and not in the private sphere (see, to that effect, judgments of 12 November 2002, Arsenal Football Club, C‑206/01, EU:C:2002:651, paragraph 40, and of 23 March 2010, Google France and Google, C‑236/08 to C‑238/08, EU:C:2010:159, paragraph 50).
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