Using a trade mark as a company, trade or shop name 

does not infringe the trade mark in the EU even if the company/trade or shop is selling the products covered by the registration unless the company name, trade name or shop name is used as a trade mark indicating the origin of the products ...

is how the IPKitties summarise the outcome of the ECJ's ruling yesterday in Case C-17/06 Céline SARL v Céline SA.

Having accused the oracles of Luxembourg of being Delphic, the IPKat helpfully meows:

but the principle seems clear: the use of another's trade mark is only an infringement when it constitutes an infringing use.

The Full Court's ruling here in Woolworths Metro ((1999) 93 FCR 365; 45 IPR 411) could arguably be seen as an expression of a similar approach - much discussion of this case has focused on the somewhat controversial effect the presence of Woolworths in the mark had in comparing it a prior Metro registration, but a key point was that Woolworths was seeking registration in relation to retailing services and the prior registration was in respect of particular goods.