“…tion in the infringement context? The general rule is that infringement is to be assessed as at the date on which the alleged infringing use was commenced: see Case C-145/05 Levi Strauss & Co v Casucci SpA [2006] ECR I-3703. If, however, the defendant uses the sign in a materially different manner or context at a later date, a new …”
“… is registered), on the one hand, and the interests of other economic operators in having signs capable of denoting their goods and services, on the other: see Case C-145/05 Levi Strauss & Co v Casucci SpA [2006] ECR I-3703 at [29] and Case C-482/09 Budějovický Budvar np v Anheuser-Busch Inc[2011] ECR I-08701 at [34]. It follows th…”