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On 8 September 2009, in Budejovický Budvar (C- 47807), the ECJ answered preliminary questions of an Austrian court with respect to the protection in a Member State of a geographical indication of provenance of another Member State (in this case the designation ‘Bud’
In the case PAGO International v Tirol Milch the Austrian Supreme Court referred to the European Court of Justice ("ECJ") for a preliminary ruling on the question whether a Community trademark enjoys "a reputation in the Community" within the meaning of Article 9 (1)(c) CTMR where it has a reputation in only one Member State
On 11 June 2009 the ECJ answered preliminary questions of the Oberste Gerichtshof in Austria in the Lindt&Sprüngli v Frans Hauswirth case with regard to the relevant criteria for establishing whether the applicant of a community trademark was acting in bad faith (Article 51(1) under b Regulation 4094
