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How to prove dilution after Intel

Managing Intellectual Property

The ECJ recently raised the bar for showing dilution, saying that famous mark owners will have to prove that the detriment to their distinctive character has changed consumers' behaviour.

Owners of famous brands who wish to prove that they have suffered detriment in Europe will have to provide evidence of "a change in the economic behaviour of the average consumer", according to the European Court of Justice's decision in...

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