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Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v. Ronald Karel Deenik

Case No. C-63/97 (1999)

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Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v. Ronald Karel Deenik

European Union Court of Justice
Case No. C-63/97 (1999)

  • Written by Jody Stuart, JD

Facts

Bayerische Motorenwerke AG and BMW Nederland BV (collectively, BMW) (plaintiffs) owned the BMW trademark for its cars. BMW marketed its cars through a network of dealers, who had to meet BMW’s standards before joining the network and using the BMW mark. Ronald Karel Deenik (defendant) was a garage owner who repaired and maintained BMW cars and sold secondhand BMW cars in the Netherlands. Deenik used the BMW mark in advertisements for his repair and maintenance of BMW cars and in advertisements for the resale of secondhand BMW cars. BMW filed suit in the Netherlands, accusing Deenik of illegally using the BMW mark in advertisements. The national court requested a preliminary ruling from the European Union Court of Justice on the interpretation of Articles 5–7 of the Trade Marks Directive.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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