本文以歐洲法院 2000 年、 2003 年與 2008 年的愛迪達案例，作為歐盟在解釋與適用歐盟商標法的研究客體，並以該案件的爭議點，分析著名標章保護的內容，以及歐洲法院對著名標章保護之發展現況。 The European Union (EU) is a successful model of free trade among European countries. Free movement of goods is one of the important principles to create an Internal Market. Article 36 of the Treaty on the Functioning of the European Union provides that trademark protection is an exceptional justifiable ground for the free movement of goods. Trademark protection aims for ensuring the exclusive rights of the trademark holder. The other aim of the trademark protection is to avoid consumer’s confusion on the sources of goods or services. On the other side, the trademark protection prevents for the undertakings’ reputation. Undertakings invest more and more money and efforts in maintaining their trademark even to become well-known trademark. Hence, the well-known trademark should be legally better protected.
The trademark protection has developed more and more all over the world. In comparison with the protection for general trademark, national regulations and international conventions have developed a better protection system for well-known trademark. The EU also concerns the well-known trademark protection and tries to balance the conflicts between the well-known trademark and free movement of goods.
Taking European Court of Justice (ECJ) cases of Adidas 2000, 2003 and 2008 as examples, the thesis works on the ECJ case law to explain the legal issues of well-known trademarks. The goal of the thesis is learning the development of trademark protection in the practice of the ECJ.
