Court of Justice 7 April 2011, C-46/10 (Viking Gas A/S v Kosan Gas A/S.)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introduction 1. May a company fill the used packaging of a competitor with its own product and offer it for sale in that form where that packaging is protected as a trade mark? That is the question in the present case. In that regard, if one thinks, for example, of the well-known Coca Cola bottle, the answer appears obvious.