Point of law: whether a factory violates an exclusive right to another’s trademark, when it packages its own goods with the packing, on which a designation, confusingly similar to this trade mark, has been put not by the factory itself, but by a third person (the supplier of the packing)?

Alternative attitudes: 1) there is no violation on the part of the factory, because it does not use another’s trade mark independently; or 2) there is a violation, because the law (Art 1484, Civil Code) implies that putting such designation of the packing of goods constitutes an offence.

Ratio decidendi: the Presidium held the second view to be legally correct, having pointed out that such actions may be assessed as creation of infringing goods, bringing them into civil circulation and the violation of the right to trade mark.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.