Die markenmäßige Benutzung

In European trademark law, the question is whether or not use beyond the classical scope of protection may infringe upon someone else's trademark. Problems of this nature may for example arise when a trademark is used for ornamental purposes, for comparisons in advertising or in Google Adwords. The approach to solving this problem can be traced back to the question of whether or not the trademark in question is really being used us as a trademark. Stefan Eichhammer develops his own theory, based upon a thorough analysis of German law before 1995, European case law and the protective purposes of trademark law. His conclusions provide for a differentiation in the way in which the trademark is used.