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The Trade Marks Directive sought to harmonise laws in the EU. But to what extent has it been successful? Analysis of 200,000 decisions from 450 courts in 31 countries on the Darts-ip database reveals how practice has changed (or not) in different areas. Particular areas of interest are colour trade marks, unfair advantage, comparative advertising, distinctiveness and 3D marks. Managing IP invited lawyers from across Europe to analyse each of these areas, with a focus on the different approaches adopted by European countries, and whether they have adapted since the Directive was implemented. While change in some areas has been slow, harmonisation is coming, and in the meantime forum shopping remains important for trade mark enforcement in the EU. |