In May 2007 the Court of First Instance of the European Communities in Case T-47/06 Antartica Srl v Office for Harmonisation in the Internal Market agreed with OHIM that Antartica's attempt to register a Community trade mark for the NASDAQ sign represented here for sports equipment etc would be taking unfair advantage of the distinctive character or repute of the NASDAQ Stock Market's mark for financial services. A note on the CFI's ruling can be found here.

Yesterday the Court of Justice of the European Communities, in Case C-320/07 P, dismissed Antartica's appeal.