How Céline stung the Skorpion: court refuses cancellation of company name

Intellectual Property / IP & IT

ILO Newsletter, 13. Jänner 2014


Following the European Court of Justice decision in Céline, the Austrian Supreme Court has changed its jurisprudence on whether the owner of an earlier trademark can demand the modification or cancellation of a company name that is identical or similar to its trademark. However, some have argued that the decision is too abstract, and it remains to be seen whether the Supreme Court will stick to this position in future. 


Dr. Ferdinand Graf

LL.M. (NYU) Partner