The CJEC was requested to render a preliminary ruling on last January 15, as to the validity (in terms of dilution) of the promotional use, by a mark holder, of drinks it offered for free to purchasers of its own goods.
The Court established in a consistent way that the owner of a trademark who affixes such mark on items offered for free to purchasers of his own goods does not make genuine use of his mark for the relation with the products offered.