ECJ deals blow to famous marks in Intel case (full version)
27 November 2008
Managing Intellectual Property
The European Court of Justice has raised the bar for famous brand owners wishing to prove dilution in Europe in a ruling today
The Court was answering questions referred from the Court of Appeal in London in a dispute in which Intel sought to stop the use of the mark Intelmark, which is owned by CPM, on the ground that it would dilute its famous mark.
The case concerns the interpretation of Article 4(4)(a) of the EU Trade Marks Directive.
This Article bars the registration of trade marks that are identical or similar to earlier marks registered for non-similar goods or services, where the earlier mark has a reputation and the use of the later mark "would take unfair advantage of, or be detrimental to, the distinctive character or repute" of the earlier mark.
The Court said that the fact that an earlier mark has a "huge reputation"; that its goods or...
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