The EU Court of Justice relies on competition rules for the effect of a trademark contract to determine the existence of an abuse of dominance (Sirena / Eda)

JUDGMENT OF THE COURT 18 FEBRUARY 1971 [1] Sirena S.r.l. v Eda S.r.l. and Others [2] (Reference for a preliminary ruling by the Tribunale Civile e Penale, Milan) Case 40/70* 1. The rights recognized by the legislation of a Member State on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by Articles 85 and 86 of the Treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. paragraph 2, summary, Judgment in