Abstract
Upon a request for a preliminary ruling, the Court of Justice of the EU (CJEU) held that using a trade mark in the course of trade in the context of trade mark infringement requires active conduct and direct or indirect control in the sense that a person cannot be held liable for trade mark infringement when a third party website operator has reproduced, on their own initiative and in their own name, an advertisement, including a trade mark, which that person has been held to have infringed in other proceedings.
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