The court disagrees and rules that the consumer will not assume there is any relationship between Porsche and van den Berg. On appeal, however, Porsche is proven right. The ruling is thus back in line with all earlier case law since BMW / Deenik.
In the communication, the unofficial garage does indicate that there is a certain brand of cars they repair, provide service for or sell. Use of a trade name or domain name containing the trademark may not, however, because this suggests there is a commercial connection with the trademark owner.
