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Adam Opel AG v. Autec AG
European Court of Justice
2007 E.T.M.R. 33 (2007)
Adam Opel AG (plaintiff) was a car manufacturer that owned the trademarks to a unique logo known as the Opel logo. This trademark was registered to be used for vehicles as well as toys. Autec AG (defendant) manufactured remote-controlled model cars using the trademark “Cartronic.” In 2004, Adam Opel discovered that Autec had created a remote-controlled model car based on an Adam Opel car. The model car had the Opel logo on the front of its user manual and on the radiator grill. Adam Opel sued Autec and sought an order preventing Autec from using the Opel logo. The German courts ordered a stay of the proceedings and referred the legal questions to the European Court of Justice.
Rule of Law
Holding and Reasoning
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