Gillette, Third Party Use

Case C-228/03- The Gillette Company v. LA-Laboratories Ltd Oy: it was ruled that the lawfulness or otherwise of the use of a trademark by a third party who is not the owner of the trademark depends on whether that use is necessary to indicate the intended use of a product. The use of the trademark will not be in accordance with honest practices in industrial and commercial practices if: – It affects the value of the trademark; – It is done in a way that implies a connection between the owner and the third party; – It entails denigration or discrediting; and The product of the third party is presented as a replica of the trademark product.