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26 October 2009

High Court clarifies “link” in Daimler case

Managing Intellectual Property

In the first English High Court ruling to apply the ECJ’s L’Oréal v Bellure opinion, a judge has found that Daimler’s three-pointed star is not infringed by a logo used by Chinese company Sany

Deputy High Court Judge Susan Prevezer QC ruled that the Sany mark, which is used on construction equipment, "does not call to mind" Daimler's three-pointed star, even though the three-pointed star is "hugely famous and distinctive".




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