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The question whether or not this use might ocnstitute an infringement of (Art. 5(1)(b) of the trademark directive 89/104/EEC) in that a likelihood of confusion on a part of the public, which includes the likelihood of association between the sign and the trade mark is created, was still open.
In the decision MOST-Pralinen answered this question to the negative. Under the conditions develpoend in "Bananabay II" (advertisement in a separate box, advertisement itself does not contain the trademark), neither a likelihood of confution nor a likelikood of association exists.