TG-1 * Transgallaxys Forum 1

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 on: September 28, 2014, 04:44:17 PM 
Started by ama - Last post by ama
Dem Michael Sander sind sie jetzt auf den Fersen,


und da:

Die Millionen allerdings, die verschwunden sind in Sankt Nimmerleins Garten, die werden sie nie wieder ausbuddeln können. Die sind - ganz atmosphärisch - verdunstet...

 on: September 28, 2014, 03:58:54 PM 
Started by ama - Last post by ama
Married to an Ambot

Amway - The Dream Or The Scheme?

'MLM' The American Dream Made Nightmare

Mehr Blogs sind hier verlinkt:

 on: September 28, 2014, 03:52:54 PM 
Started by ama - Last post by ama
Women guilty over £21m pyramid scheme in Devon and Somerset

By Western Morning News  |  Posted: September 18, 2014

By Claire Hayhurst

[...]Rita Lomas (left) and Jane Smith, who were found guilty of promoting a £21 million get-rich-quick pyramid scheme, called Give and Take as reporting restrictions on the case have been lifted.

Sally Phillips, who was found guilty of promoting a £21 million get-rich-quick pyramid scheme, called Give and Take

Susan Crane (left) and Mary Nash leaving Bristol Crown Court after pleading guilty to charges of operating and promoting a £21 million pyramid scheme

Hazel Cameron leaving Bristol Crown Court after pleading guilty to charges of operating and promoting a £21 million pyramid scheme.

Mary Nash leaving Bristol Crown Court after pleading guilty to charges of operating and promoting a £21 million pyramid scheme.

Rita Lomas (left) and Jane Smith, who were found guilty of promoting a £21 million get-rich-quick pyramid scheme, called Give and Take as reporting restrictions on the case have been lifted.

A group of “greedy” women masterminded a £21 million get-rich-quick pyramid scheme which spread across the South West, it can be reported for the first time today.

The group encouraged around 10,000 vulnerable women to “beg, borrow or steal” £3,000 to put into the scheme between May 2008 and April 2009.

Victims were lured by the promise they would receive a £24,000 payout when they reached the top of their pyramid, with organisers promising they “could not lose”.
Committee members behind the scheme pocketed up to £92,000 each, while as many as 88% of the women they recruited lost out – some up to £15,000.

The scheme, also known as Key to a Fortune, was hidden under a veil of secrecy as members were banned from writing about it, Bristol Crown Court heard.

But the pyramid was uncovered by authorities when a disgruntled employer in Bristol contacted Trading Standards to complain that it was being promoted in his workplace.

Eleven women, aged between 34 and 69, became the first to be prosecuted for such a scheme, under new legislation in the Consumer Protection from Unfair Trading Act 2008.

Judge Mark Horton will sentence the three women, charts co-ordinator Mary Nash, 65, committee secretary Susan Crane, 68, and games coordinator Hazel Cameron, 54, in October.

Nash, Crane and Cameron all admitted operating and promoting the pyramid scheme.

Sally Phillips, 34, of Hengrove, Jane Smith, 50, of Bishopsworth, both Bristol and Rita Lomas, 49, of Whitchurch, Somerset admitted promoting the scheme in 2012.

Phillips received a three-month suspended prison sentence, Smith a four-month suspended sentence and Lomas a four-and-a-half month suspended sentence.

Chairman Laura Fox, 69, Jennifer Smith-Hayes, 69, and Carol Chalmers, 68, were convicted of operating and promoting the scheme during a trial in 2012.

Fox, of East Harptree, Smith-Hayes of Bishopsworth and Chalmers, of Weston-super-Mare, were sentenced to nine months’ imprisonment.

No verdict was reached following two trials of Tracey Laurence, 60, of Bradley Stoke, South Gloucestershire, while Rhalina Yuill, 34, of St George, Bristol was acquitted of promoting a pyramid scheme on her second trial.

“A number of {victims, ed. ama} suffered enormous and in some cases lifelong financial hardship due to their involvement in this scheme,” he said.


 on: September 28, 2014, 03:36:32 PM 
Started by ama - Last post by ama
Bei Youtube muß man wohl sekündlich die Linse putzen, so fliegt da der Schlamm durch die Luft. Diese Videos krabbelten heute über den Schirm:




"Falsches Verhalten der Community? Warum Dislikes gegen Betrug helfen!"

"Das Vorgehen der Fitnessmafia auf Youtube, Mischa Janiec und Co. (Teil 3)"

"VEMMA und MLM - Was Mischa Janiec verschweigt"

"Karl Ess beschenkt uns & Ralf Sättele beleidigt Goeerki"

"Fitness Kritik #1 Penispumpe (Karl Ess)"

"Fitness Kritik - Der neue Kanal gegen Abzocke und Panikmache"

 on: September 28, 2014, 01:45:42 PM 
Started by ama - Last post by bandajfall
Looks like the Trans Gallaxyian forum brings enlightenment to Africa.

In exchange here is some information from Africa:

Chiyangwa the power behind Uebert Angel

Posted on May 15 2013 - 12:17pm by admin

By Itai Mushekwe
HARARE – Flamboyant preacher, Prophet Uebert Angel Mudzanire, may be living on borrowed time, amid revelations that Zanu PF businessman, Philip Chiyangwa, is the bankrolling baron behind his Spirit Embassy church in Harare.

SPOT THE DIFFERENCE: Uebert Angel (right) praised businessman Philip Chiyangwa (left).

Sources close to Chiyangwa allege the controversial multi-millionaire lured Mudzanire from the United Kingdom, where according to the prophet he was “a penniless preacher,” to try and spruce up his waning business fortunes.

It would appear the relationship is a win-win blossom, as Mudzanire in a few years back home, has become a rags to riches “Man of God” when in the UK he struggled to put food on the table, prompting him to turn to Chiyangwa for help.

“Mudzanire’s true calling is in the UK,” a Zimbabwean minister based in Germany, who says The Lord is preparing him for an End-Time move has said.

“It is not easy to answer God’s calling, because of the challenges and hardships one will face. They are many people, who have left their native lands, jobs and even family behind in pursuit of The Lord’s work.

“I believe Angel has a true calling, but he was not patient on The Lord while in Britain, so he chose an easy way out.

“He now finds himself in a difficult situation to do the right thing, because fame and most of all money, alongside material possessions have corrupted him. It is never too late, to repent.

Better to please God, than to appease man,” he said. Angel himself has paid tribute to Chiyangwa, who recently celebrated his 54th birthday at his church in February.

“Today, we have Dr Chiyangwa, he has chosen to celebrate his birthday with us, my wife and I have known him from when we were still in the United Kingdom and he has played a crucial role for our return to Zimbabwe,” Angel said.

Trading Holy Lamb’s blood Critics have further gone to accuse Angel and his prosperity gospel ally, Emmanuel Makandiwa of United Family International Church (UFIC) of doing business using the holy blood of Jesus Christ.

The trio have been holding birthday bashes at their churches, where personal clothing items of Angel, such as t-shirts, socks and ties have been auctioned for thousands of dollars to the highest bidder.

The school of thought is that if followers buy, The Man of God’s clothes, immediately they are anointed with part of his powers.

“Sometime last week, I had to sneak into the man of God’s bedroom and ‘stole’ some of his most treasured items while he was away at his office and up to now he did not know where the stuff was.

“I know my brother and his taste for style and classy things, but tonight, some of you will go home as proud owners of some of that stuff.

If, for instance, you buy this pair of socks, you will be blessed with the anointing of speed and overtaking,” said Makandiwa last year at his friend’s banquet.

Apart from birthday parties, Angel and Makandiwa who mysteriously share the same “spiritual father”, one Prophet Boateng of Ghana, have been holding male only galas, giving counselling on marriage and prospering husbands.

Media in Ghana, has been awash with reports of one fetish priest, Nana Kwaku Bonsam, who claims to have provided supernatural powers to close to 2000 desperate pastors in Africa, wanting to entice their followers.

Nana Kwaku Bonsam, has got a shrine at Sa-Peiman village, on the outskirts of Nsawam in the Eastern Region of Ghana, and has openly mentioned Zimbabwe as one such nation were pastors have received “juju” for their ministries without providing names.

Nana Kwaku Bonsam’s god is called ‘Kofi-Kofi’. Mugabe’s distaste Even President Robert Mugabe, last November came out with his guns blazing against dubious prophets in the country.

In what many interpreted as an apparent reference to Angel and his wife Beverly, who are both prophet and prophetess respectively, Mugabe said the Bible does not teach us about such things, while addressing mourners at the burial of Grace Mugabe’s aunt in Chikomba.

“Kungadai kuripo nevamwe vatingati zvechokwadi Mwari angadai akavapa simba rekuona zvemberi asi vashoma vakadaro, kana muchechi vashoma vanogona kuona zvemberi. Kuva maporofita
Translated: (There are few people among us whom God has blessed with the gift, of seeing into the future, as a prophet),”

Mugabe said. “Also in some churches you hear that a husband and his wife are prophet and prophetess. Ah, zvino ndozvazvinoitwa here vakomana? Bhaibheri ndozvaraiita? (Is this how it’s done? Is that what the Holy Bible tells us?)

Sengwayo example

A number of church leaders in Zimbabwe, have told Nehanda Radio in the past week that it was imperative for people to follow the gospel of righteousness, better known as vhangeri in shona, calling for followers to take a leaf from the teachings of the late Reverend Morgan Sengwayo, the founder of The Apostolic Faith Mission in Southern Africa in 1955-1981 among others.

“Sengwayo has a painful history,” another Pastor in Harare said. “When he was called into the ministry, be barely owned anything. He failed to make ends meet, yet he never gave up on his calling and was obedient to The Lord.

“In matters of money, Sengwayo’s church followed a plan given by Christ himself, no solicitations were made for church funds, nor are any collections taken during services.

Indeed the Apostolic Faith Church has been referred to as ‘a church without a collection plate’.”

“Our Church is Trinitarian and fundamental, we believe in a born again spiritual experience,” said Reverend Sengwayo in a rare journal of his ministry.

“Our teaching embraces the original teaching of holiness through sanctification and stresses the need of endowment with Power from on high for service: the Baptism with the Holy Ghost as on the day of Pentecost.”

The Apostolic Faith Mission built a magnificent church at Pelandaba, at a total cost of about $52 000 during that time. The money did not come from overseas, but from the Christian family itself without being coerced.

Church Sponsor Now Angel, who literally has no church since Spirit Embassy only rents the Harare International Conference Centre (HICC), claims to be sponsoring the church with his personal wealth accrued from so called blessings from God.

“God does not need a human being to help Him because He is no respecter of human beings”, other church leaders have observed. Ironically Spirit Embassy has no church building of its own, but is housed in upmarket offices for administration purposes in the capital.

 “We have been calling the media to come to church, especially my church, to count the offering” the controversial prophet has told the local media.

“You count the tithe yourself, we give you the expenses, then you go and pay, we put people to go with you. Then after that you will realise that there is no money to steal because we are the ones who are sponsoring the church.

“We don’t steal, it’s not the way we get money. We are blessed of God, we don’t dip our hands into offerings, what offering? $1? The question should be how do you get your money rather than taking money from the people?”

Lying miracles Miracles of all sorts have been another trademark of Mudzanire, who boasts of miracle money, miracle fuel, miracle baby sex change and the list goes on.

As a Major Prophet, critics say he has failed to give any major prophecy on Zimbabwe, Africa let alone the world. Angel’s dubious prophecies, are centred on telling followers their addresses, past activities and car number plates.

“All these are lies and the hallmark of The Man of Lawlessness,” said another Zimbabwean preacher in Birmingham, UK quoting 2 Thessalonians 2: 7-9 as thus:

“7 For the secret power of lawlessness is already at work; but the one who now holds it back will continue to do so till he is taken out of the way. 8 And then the lawless one will be revealed, whom the Lord Jesus will overthrow with the breath of his mouth and destroy by the splendour of his coming. 9 The coming of the lawless one will be in accordance with how Satan works.
He will use all sorts of displays of power through signs and wonders that serve the lie,”


 It has also come to light that Mudzanire’s fleet of luxury cars are mostly purchased for him by Chiyangwa, who already owns a luxurious car hire service called Glory Car Hire, with interests in travel and VIP tours.

It was not immediately ascertained, whether the prophet himself pays in cash or in fact does marketing and advertising of Chiyangwa’s car products, by driving them and doling some to friends, relatives and church followers.

Only last week Mudzanire “surprised” a church follower with a new Range Rover Sport car donation worth over US$100 000.

The prophet owns a US$1 million Lamborghini sports car, a Bentley which was donated to him by Chiyangwa, and an assortment of Mercedes Benz cars.

“The end is nigh for Angel,” warned the Germany based upcoming minister, who claims to be waiting on The Lord’s time to launch him for His End-Time workmanship.

“We speak under the inspiration of the Holy Ghost, thus let no one be tempted to rebuke The Lord’s warning and revelation. Angel is a dead man walking, unless he repents right away.

Tell you what, evil persists because good men do nothing. Today I’m prepared to be laughed at and dismissed, but tomorrow they shall all say, but we were foretold.”

Related posts:

Uebert Angel praises Philip Chiyangwa

Uebert Angel makes ‘miracle’ money in SA

VIDEO: Prophet Uebert Angel delivers woman from alcohol addiction

Uebert Angel creating waves in Kenya


 on: September 27, 2014, 07:15:37 PM 
Started by ama - Last post by ama

Koala populations in Queensland, New South Wales and the Australian Capital Territory and national environment law
Department of Sustainability, Environment, Water, Population and Communities, 2013

Please, donate to the Koala Hospital.

"Australian Koalas threatened by Australians":

 on: September 27, 2014, 06:30:07 PM 
Started by ama - Last post by ama
push date

 on: September 27, 2014, 03:59:48 PM 
Started by Omegafant - Last post by Omegafant

 on: September 27, 2014, 01:50:41 PM 
Started by Omegafant - Last post by Omegafant
MLM ist tot. Aber irgendwo und -wie sitzen noch so ein paar MLM-Zombies in ihrer virtuellen MLM-Stammkneipe, die haben das nicht mitgekriegt. Dabei brauchten sie doch nur bei sich selber zu lesen.

Kuck hin, Kollege! DA! SIEH ES DIR AN!

Verfasst am 07-03-2014 04:14:16 pm von MLM Reporter
Liebe Forenuser, Mitleser und MLM Interessierte,

in letzter Zeit gingen vermehrt Anfragen ein, was wir zu dem Unternehmen [...] wissen würden und ob wir dort nicht einmal nachprüfen könnten wie der aktuelle Stand ist.

Als das größte und älteste deutschsprachige Portal und Anlaufstelle für MLM haben wir uns einmal das Thema angeschaut und es runter gebrochen auf die wesentlichen Kernthemen die substanziell bedeutsam sind für eine rechtliche und legale Berechtigung.

So haben wir die Anfrage an das Unternehmen stellen lassen und haben zu unserer Überraschung auch eine Antwort bekommen, incl. einer Frage und Antwort direkt von der Anwaltskanzlei [...].

Wir möchten die Antwort einfach mit euch teilen und zur Verfügung stellen um sich ein eigenes Bild zumachen.

Eurer MLM-INFOS Reporter Team

Welche Kanzlei das ist und welches Unternehmen, das lassen wir für den Moment beiseite. In der Webseite gibt es nämlich was Interessantes zu lesen: eine linke Spalte und eine rechte Spalte.

Die linke zuerst:

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Letzte Themen

 by Reto Stadelmann CH on 27/9/2014, 12:48

 Gibt ein Network mit Tiernahrung?
 by Ingo Wessollek on 26/9/2014, 17:58

 Ist das MLM tot?
 by Trendworks on 26/9/2014, 12:05

 Teamleader gesucht!
 by Manuel Sabetta Mair on 26/9/2014, 10:37

 by KerstinLehmann on 26/9/2014, 09:25

 ACHTUNG! Gefälschte Mahnung von ebay im Umlauf!
 by Michael Danis on 26/9/2014, 08:51

 ...welches mlm ist dann heute noch sinnvoll?
 by hermann.u on 25/9/2014, 23:13

 Pressebericht - TAG der ZAHNGESUNDHEIT
 by Robert Sebald on 25/9/2014, 16:55

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 Autoposter für Facebook
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 Opas geile Video Sammlung
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 Athena von ADONIA
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 by Frau Doktor on 22/9/2014, 22:04

 Ihre Weiterempfehlung ist uns Gold wert !
 by Hausmeister on 22/9/2014, 11:07

 Lebt den der alte Holzmichel noch ------
 by Sven Ehlers on 21/9/2014, 19:24

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 Starte Jetzt!
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 by Robert Sebald on 16/9/2014, 13:11

Wenn ich mich nicht verzählt habe, sind das 30 Forumsposts in 10 Tagen.

Laut der Forumsübersicht hat das Forum 11682 Mitglieder:

Letzter: pascalhaering
Heute neu: 1
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Jetzt die rechte Spalte:

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Insgesamt haben heute 19 User das Forum besucht:

Alexander Bertagnolli 27/9/2014, 07:52
hgothe 27/9/2014, 07:09

Carmen Hebermehl 26/9/2014, 21:04
Arno Balzer 26/9/2014, 20:53
Reto Stadelmann CH 26/9/2014, 20:00
Michael Danis 26/9/2014, 16:29
Iceman 26/9/2014, 13:04
Frank Plötz 26/9/2014, 11:56
Stephan Kohl 26/9/2014, 11:18

hermann.u 25/9/2014, 23:13
Vorhaller 25/9/2014, 20:02
Ralf Eckmann 25/9/2014, 20:01
Matthias Koepke 25/9/2014, 19:37
Herbert Kalina 25/9/2014, 15:27
Mariooo 25/9/2014, 12:32
WolfgangMaschewski 25/9/2014, 10:55
Mensing 25/9/2014, 09:43
Guido Thimm 25/9/2014, 09:28
Oliver Mercy Floßdorf 25/9/2014, 08:04

Silke Baumer 24/9/2014, 17:24
Petra Nicolai 24/9/2014, 12:59
Henry Gaßner (Henry63) 24/9/2014, 12:02
Alexander Liess 24/9/2014, 09:30
Chris von Haacke 24/9/2014, 08:26
Marcus Zink 24/9/2014, 07:21

JuergenSchleihauf 23/9/2014, 20:45
Manuel Sabetta Mair 23/9/2014, 16:04
Ronald-Tell 22/9/2014, 23:43

Gabriela Zimmer 22/9/2014, 23:26
Siegfried E. Skowron 22/9/2014, 21:47
Stach Gerolf 22/9/2014, 12:20

Uwe Eggert 21/9/2014, 23:25
Camci Tamer 21/9/2014, 19:57
mi_ca 21/9/2014, 15:33

sjaekel 20/9/2014, 22:13
A.Berger 20/9/2014, 21:36
Reiner Husemann 20/9/2014, 21:11
Lothar Weifenbach 20/9/2014, 20:56
cyberschub 20/9/2014, 14:26
Eisenkuppel 20/9/2014, 00:16

Andreas92 19/9/2014, 17:40
Steven_Rohner 19/9/2014, 17:03
starrermayr ernst 19/9/2014, 16:01
Hajo 19/9/2014, 15:03
Wilma Ziese 19/9/2014, 08:10
happymoney 19/9/2014, 07:16
Michael Fink 19/9/2014, 00:17

Editha Naedler 18/9/2014, 09:57

Sabine Fleschutz 17/9/2014, 16:31
ralf_kraenert 17/9/2014, 14:35
KlausGruber 17/9/2014, 10:14
Garfield 17/9/2014, 00:18

Moorwen 16/9/2014, 12:06

Klariss 15/9/2014, 11:10

Marta 19 14/9/2014, 19:57
DanielHauber 14/9/2014, 11:40
Maren Hinrichsen 14/9/2014, 09:55

MikDietrichs 13/9/2014, 16:18
Peter Itzel 13/9/2014, 10:44
Markus Weinzierl 13/9/2014, 00:37

Michael Berges 12/9/2014, 15:38

Rudi Hinz 11/9/2014, 14:09

mojo95 10/9/2014, 23:18
Andrés Waldbrunner 10/9/2014, 15:31

Sabine Apolzan 9/9/2014, 23:23
roterbaron88 9/9/2014, 21:28
Leaufer 9/9/2014, 12:54
inviolata 9/9/2014, 08:55

Vivien Pulat 8/9/2014, 14:54

hyperlite 7/9/2014, 08:55

Alfred_Greifeneder 5/9/2014, 21:40
gerhard kronstorfer 5/9/2014, 21:23
Florian Wernbacher 5/9/2014, 19:06
Thomas Broich 5/9/2014, 14:05

Wurzer Karl 4/9/2014, 19:38

VerbalKint 3/9/2014, 14:49
Andreas Legat 3/9/2014, 10:08

Sebastian Schuldt 2/9/2014, 08:57
Mike Vemma 2/9/2014, 08:25

Michael Rosenthal 1/9/2014, 18:49

Schoko-Onkel 31/8/2014, 11:26
Sven Eversberg 31/8/2014, 01:21

stzui72 28/8/2014, 22:43
globetrotter 28/8/2014, 08:18

Tino Kuhne 26/8/2014, 14:59
Christian Kuhne 26/8/2014, 14:30

Saskia John 24/8/2014, 19:51
J.P.Horn 24/8/2014, 18:16
strompreisrunter 24/8/2014, 15:37
Renata T. 24/8/2014, 08:43

Rita Berr 23/8/2014, 22:48
denisheine 23/8/2014, 21:55
Wittener69 23/8/2014, 11:58
bln-stefan 23/8/2014, 11:50 23/8/2014, 11:46
Ingo Husgen 23/8/2014, 10:21
smoothy 23/8/2014, 00:35

An mehreren Tagen war  in den letzten 5 Wochen nicht ein einziges eingetragenes Mitglied anwesend. Von über 11000!  Selbst am besten Tag waren es gerade mal 10 Mitglieder. Und das in der geboomstesten Branche des Jahrtausends, wo die Millionen nur so auf der Straße liegen, wo die dicken Schecks mit dem Laster angeliefert werden und eine rauschende Party nach der anderen gefeiert wird. 

Ja, ist das denn nicht "das größte und älteste deutschsprachige Portal und Anlaufstelle für MLM"?



MLM ist so tot, daß selbst das "größte und älteste deutschsprachige Portal und Anlaufstelle für MLM" so platt ist wie ein Reifen mit Durchschuß.

 on: September 27, 2014, 11:28:33 AM 
Started by Omegafant - Last post by Omegafant
This is a somewhat funny press release.

Court of Justice of the European Union

Luxembourg, 15 December 2011
Press and Information
Judgment in Case C-119/10
Frisdranken Industrie Winters BV v Red Bull GmbH

A service consisting of the mere filling of cans bearing a sign protected as a trade
mark is not use of that sign which is liable to be prohibited

A service providermerely creates thewho merely fills under an order from and ontechnical conditions necessary for the otherprotected trade mark
the instructions ofperson to use theanother person
sign similar to a
Frisdranken Industrie Winters BV (‘Winters’) is a Dutch undertaking which is mainly involved in the
‘filling’ of cans with drinks produced by itself or by others.
Red Bull GmbH produces and markets an energy drink under the trade mark RED BULL. It has
obtained international registrations for that trade mark, valid, inter alia, in the Benelux countries.
Winters filled cans with fizzy drinks on the instructions of Smart Drinks Ltd, a legal person under
the law of the British Virgin Islands, which is a competitor of Red Bull. For that purpose, Smart
Drinks supplied Winters with empty cans, delivered with matching lids and all bearing various
signs, some of which were similar to the trade marks of Red Bull. Smart Drinks also delivered to
Winters the extract contained in the fizzy drink.
Winters filled the cans with a specific quantity of the extract in accordance with Smart Drinks’
directions and recipes, added water and, if necessary, carbon dioxide, and sealed the cans.
Winters then placed the filled cans at the disposal of Smart Drinks, which then exported them to
countries outside the Benelux. In the present case, Winters only performed the aforementioned
filling services on the instructions of Smart Drinks, and did not send the filled cans to that company.
Nor did Winters deliver or sell the cans to third parties.
Red Bull brought an action before the Dutch courts claiming that Winters had infringed its trade
mark rights and seeking an order that Winters cease use of signs which are similar to its trade
marks. In that respect, the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) asks
the Court of Justice whether the mere ‘filling’ of packaging which bears a sign similar to a protected
trade mark must be regarded as ‘using that sign’ in the course of trade within the meaning of the
Trade Mark Directive1 even if that filling takes place as a service provided to and on the
instructions of another person.
The Court notes first that, under that directive, a trade mark proprietor is entitled to prohibit a third
party from using, without the proprietor’s consent, a sign identical with or similar to his trade mark
when that use is in the course of trade, is in relation to goods or services which are identical with,
or similar to, those for which that trade mark was registered and, due to a likelihood of confusion
on the part of the public, affects, or is liable to affect, the essential function of the trade mark, which
is to guarantee to consumers the origin of the goods or services.
The Court then considers whether, in the present case, a service provider such as Winters itself
makes ‘use’ of signs similar to the trade marks of Red Bull.
Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1).
In that regard, the Court observes that the fact of creating the technical conditions necessary for
the use of a sign and being paid for that service does not mean that the party offering the service
itself uses that sign.
A service provider who merely fills, under an order from and on the instructions of another person,
cans already bearing signs similar to registered trade marks does not itself ‘use’ those signs within
the meaning of the Trade Mark Directive. Such a service provider merely executes a technical part
of the production process of the final product without having any interest in the external
presentation of the cans and in particular in the signs thereon and thus only creates the technical
conditions necessary for the other person to use them.
Moreover, the Court goes on to state that a service provider in Winters’ situation does not, on any
view, use those signs ‘for goods or services’ which are identical with, or similar to, those for which
the trade mark was registered, within the meaning of the Trade Mark Directive.
As the Court has already stated, that expression generally applies to goods or services of third
parties who use the sign. However, in the present case, it is established that the service provided
by Winters consists of the filling of cans and that this service does not have any similarity with
the product for which Red Bull’s trade marks were registered.
It is true that the Court has already held, in the context of the provision of services online, that that
expression in the directive may, under certain conditions, include goods and services of another
person on whose behalf the third party acts. Thus, the Court considered that a situation in which
the service provider uses a sign corresponding to the trade mark of another person in order to
promote goods which one of its customers is marketing with the assistance of that service is
covered by that same expression when that use is carried out in such a way that it establishes a
link between that sign and that service2.
However, the filling of cans bearing signs similar to registered trade marks is not, by its very
nature, comparable to a service aimed at promoting the marketing of goods bearing those signs
and does not imply, inter alia, the creation of a link between the signs and the filling service.
The undertaking which carries out the filling is not apparent to the consumer, which excludes any
association between its services and the signs.
Therefore, the Court holds that the Trade Mark Directive must be interpreted as meaning that a
service provider who, under an order from and on the instructions of another person, fills
packaging – which was supplied to it by the other person who, in advance, affixed to it a sign which
is identical with, or similar to, a sign protected as a trade mark – does not itself make use of the
sign that is liable to be prohibited.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes
which have been brought before them, to refer questions to the Court of Justice about the interpretation of
European Union law or the validity of a European Union act. The Court of Justice does not decide the
dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s
decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
The full text of the judgment is published on the CURIA website on the day of delivery.
Press contact: Marie-Christine Lecerf  (+352) 4303 3205
In particular, Case C-324/09 L’Oréal and Others, see also Press Release 69/11.

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