Country: Austria
Tribunal: Supreme Court (Oberster Gerichtshof)
Date: 28/04/2006
Case No.: 4 Ob 5/06y
Design: --
Citation(s): IIC Vol 39 2/2008 241
Author: David Musker, R G C Jenkins & Co

The case concerned Lucky Strike cigarette packaging. Infringement was found. As a CTM is a unitary right, under Art 1(2) CTMR, even if infringement has taken place in only one EU state, the applicant is entitled to be granted a pan-European injunction.

Comment: this is not necessarily the attitude adopted by the UK Courts, although they granted a pan-EU injunction by submission of the defendant in the case of multi-jurisdiction infringements in the Barbie case, Mattel v Simba.