Court of Justice 10 July 2003, C-100/02 (Gerolsteiner Brunnen GmbH & Co. v Putsch GmbH.)

Opinion of the Advocate-General Opinion of the Advocate-General I ─ Introduction 1. Under Article 5(1) of Directive 89/104/EEC (2) (hereinafter " the Trade Mark Directive" ) a trade mark confers on its proprietor exclusive rights which, among other things, entitle him to prevent third parties from using a sign where there is a likelihood of confusion.