Abstract
In finding that a defendant has infringed a Community trade mark (CTM), a court is presented with the mandatory obligation of granting an injunction, except where there are special reasons for not doing so. In this case, the European Court of Justice rejected a number of potential ‘special reasons’ and began the slow process of clarifying the scope of the rule. In particular, the court noted that the sanctions imposed for infringing a CTM must be consistent throughout the Community to safeguard the unitary protection for CTMs.
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