ECJ: In an opinion in a dispute between Intel and Intelmark, the ECJ Advocate General said that, when considering trade mark dilution claims, courts should make a global assessment and take into account all relevant facts, as they do for likelihood of confusion cases. She added: "The types of fact which will be relevant will vary from case to case, and no exhaustive list can be formulated. It is likely that no single fact will be decisive." Instead, she said, criteria should be evaluated, with each representing a point on a scale: "A 'low score' on one scale may be offset by a 'high score' on another scale. Only when all the points on all the relevant scales have been taken into consideration can it be decided whether balance tips one way or the other." The opinion is not binding on the court, and a judgment is expected later this year.
