Court of Justice 27 January 2011, C-263/09 P (Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introduction 1. The appellant Edwin Co. Ltd and Mr Elio Fiorucci disagree on who may be proprietor of the Community word mark ELIO FIORUCCI. Mr Fiorucci relies on Italian legal rules which, in his view, give him the exclusive right to register the mark in question. 2.