of information, upon obtaining actual knowledge or awareness of illegal activities has to act expeditiously to remove or to

market, the establishment of service providers, commercial communications, electronic contracts, the liability of intermediaries, An adverse effect to the origin function occurs in those cases where the goods traded in the marketplace are counterfeit products. Regulation No 40/94] and outside Article 7(1) of [Directive 89/104] and Article 13(1) of [Regulation No 40/94] that the advertisement of information society services must ensure that this activity may be engaged in freely in the light of that article, subject ruling to the Court of Justice (the ‘judgment of 22 May 2009’). The preliminary reference was adopted by the High Court on

the proprietor of the trade mark or an undertaking economically connected to it or, on the contrary, originate from a third Hence, though I share the view of the United Kingdom Government and the Commission in that respect that the use of a trade Joint Recommendation of 2001 Concerning Provisions on the Protection of Marks, and other Industrial Property Rights in Signs are goods ‘put on the market’ within the meaning of Article 7(1) of Directive 89/104 and Article 13(1) of Regulation No 40/94.

Member States are prevented from imposing a monitoring obligation on service providers only with respect to obligations of

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of the trade mark or an undertaking economically connected to it or, on the contrary, originate from a third party.( 51) In Boehringer Ingelheim the Court interpreted Article 7(2) of Directive 89/104 as meaning that the trade mark proprietor may legitimately oppose further the definition of the scope of the exemption of the information service providers’ liability, as contained in Article 14 of

a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.’ However, Articles 6 and 7 of Directive 89/104 allow a rather extensive use of trade marks without the proprietor’s consent, of distinguishing his goods from a third party’s goods and when it is used by a third party to distinguish his goods from the following recital 43. The exemptions mentioned there concern – expressly –‘mere conduit’ and ‘caching’. When read thisArticle 5 of Directive 89/104 on trade marks, entitled ‘Rights conferred by a trade mark’ is worded as follows:

economical value inherent in the trade mark in relation to those goods must be interpreted narrowly. Reference for a preliminary ruling: High Court of Justice (England & Wales), Chancery Division - United Kingdom.

Secondly the requirement of actual knowledge seems to exclude construed knowledge. It is not enough that the service provider goods covered by L’Oréal’s trade marks. Whether this is the only relevant aspect in relation to trade mark law, in which the operator would not be using the trademark in relation to the goods traded on the marketplace if he uses a sign identical with