Court of Justice (ECJ), case number C-283/01. Facts of the Case The Dutch company Shield Mark BV had registered 14 sound trademarks at the Benelux trademark office, the first on 5 June 1992 and the most recent on 2 February 1999, for various services like computer software and seminars in the areas of promotion, marketing, intellectual property and commercial communication. Four of those trademarks consist of a musical stave with the first nine notes of the musical composition "Für Elise" by Ludwig van Beethoven. Two of them have the added remark "sound mark". The trademark entries consist of the representation of the melody formed by the notes (graphically) transcribed on a stave. In one case the remark "played on a piano" was added. Four other trademarks consisted of the first nine notes of "Für Elise". Two of them also had "sound mark" added as annotation. The trademark consists of the melody described, plus, in one case, the remark "played on a piano". Three further marks consist of the sequence of musical notes "E, D#, E, D#, E, B, D, C, A". Two of them also state "sound mark". The trademark consists of the reproduction of the melody formed by the sequence of notes as described, again in one case "played on a piano". A sound trademark consisting of an onomatopoetic word (called "onomatopoeia"), the Dutch "Kukelekuuuuu" crow of a rooster was used for the computer software. Another sound trademark is registered for the first nine notes of Ludwig van Beethoven's composition "Für Elise" used for a jingle in a promotion campaign in October 1992. The crow of the rooster was used in a Shield Mark software developed for lawyers and trademark specialists to signal the start of the program. Flyers displayed on stands in bookshops and newspaper kiosks played the signature tune each time one was taken from the stand. Shield Mark's competitor, Joost Kist with his company Memex, which also operates in the field of legal advice for communication, started a promotion campaign in January 1995 also using the first nine notes of "Für Elise". Furthermore, Joost Kist also utilized Shield Mark's registered sound of the crow of the rooster at the start of a software he sold. Shield Mark brought an action against Mr. Kist for infringement of its trademarks and unfair competition. From the Dutch Courts to the European Court of Justice By judgment of 27 May