Via the IPKat's friend Kathrin Vowinckel comes a press note with the news that German company Duales System Deutschland GmbH (DSD) has appealed against the May 2007 decision of the Court of First Instance (CFI) in Case T-151/01 Der Grüne Punkt (noted here by the IPKat). The CFI confirmed the European Commission's decision that DSD had abused its dominant position in the market by requiring payment of a fee for the total quantity of packaging bearing its "Der Grüne Punkt" logo (right) and put into circulation in Germany, even though other exemption systems or a self-management solution were used.In its appeal DSD intends to have the CFI decision set aside, thereby avoiding having to give "isolated trade mark use rights" to third parties. According to the press note, DSD in its submissions to the European Court of Justice argues that the CFI has got it wrong and that its Trade Mark Agreements do not offer "isolated trade mark use rights". The trade mark "Der Grüne Punkt" is not used irrespective of the exemption service relating to the take-back and recovery obligations as set out in the Ordinance on the avoidance of packaging waste (Verordnung über die Vermeidung von Verpackungsabfällen).
DSD complains that the CFI did not deal with the argument that the trade mark "Der Grüne Punkt" was exclusively used in respect of packaging for which manufacturers and distributors were using DSD's exemption services.Left: how the Commission views Grüne Punkt
In keeping with the transparency rules laid down in the Ordinance, the trade mark is intended to clearly signal to the consumer that the packaging to which the trade mark is applied takes part in the DSD system and that a fee was paid for its waste collection in the immediate vicinity of the actual point of sale.
The IPKat looks forward to seeing how the ECJ will grapple with the various policy issues, as they relate to (i) the environmental imperative of ridding ourselves of packaging waste as efficiently as possible, (ii) the fundamental notion of a competition-driven internal market within the EU and (iii) respect for the integrity of intellectual property even (or particularly?) when its use is licensed to third parties. Yes, says Merpel - but I bet that, when weighed up against cuddly and fashionable environmental issues and the lethal cutting edge of competition, IP will be a distant third.
Waste management here
Waist management here
