Inditex

Provisional text OPINION OF ADVOCATE GENERALSZPUNARdelivered on 7 September 2023 (1)Case C‑361/22 Industria de Diseño Textil SA (Inditex)v Buongiorno Myalert SA(Request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain))(Reference for a preliminary ruling – Trade marks – Directive 89/104/EEC – Directive 2008/95/EC – Limitation of the effects of a trade mark – Use of a trade mark to indicate the intended purpose of a product or service – Conditions on which such use is lawful)I.      Introduction 1.        The dispute in the main proceedings, which gave rise to the present reference for a preliminary ruling, is between a provider of information services via the internet and mobile telephony, and the proprietor of the trade mark ZARA on account of an alleged infringement of the rights conferred by that mark. In the course of an advertising campaign, the information services provider had offered free entry into a prize draw, one of the prizes of which was a ZARA gift card, an image of which had been shown as part of that advertising campaign. The trade mark proprietor brought an action for infringement against that services provider, claiming that the latter had taken advantage of, and acted to the detriment of, the trade mark’s reputation.2.        Accordingly, the dispute in the main proceedings might stand at the crossroads between trade mark law and the law on unfair competition. However, the question referred for a preliminary ruling in the present...