Official Journal of the European Union

C 413/27

Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 17 September 2019 — mk advokaten GbR v MBK Rechtsanwälte GbR

(Case C-684/19)

(2019/C 413/32)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Appellant: mk advokaten GbR

Respondent: MBK Rechtsanwälte GbR

Question referred

Does a third party referred to in an entry published on a website that contains a sign identical to a trade mark ‘use’ that trade mark, within the meaning of Article 5(1) of Directive 2008/95/EC, (1) if the entry was not placed there by the third party itself, but was taken by the website’s operator from another entry that the third party had placed in infringement of the trade mark?

(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).