Is the ECJ "diluting" brand owners' rights?

17-Dec-2008  |  Consumer Brands, Copyright & Media Law, Trade Marks & Designs


In response to a reference from the English Court of Appeal, led by Jacob L.J., the European Court of Justice (ECJ) has given its guidance on the relevant criteria for deciding whether use of a later mark would be detrimental to the distinctive character of an earlier mark, so-called "dilution-based" claims.

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Lawyers Louise Popple