Too stripy for Adidas

Taylor Wessing's Tim Pinto writes for the Journal of Intellectual Property Law & Practice on the findings of the European Court of Justice relating to the case Adidas AG and another v Marca Mode CV and others.

The ECJ held that the requirement of availability of trade marks for use by competitiors cannot be taken into account in the assessment of the scope of the exclusive rights under Article 5 of the Trade Marks Directive, but may be taken into account under Article 6(1)(b) to the extent that the requirements of that provision apply.

For a PDF link to the full article on the Journal of Intellectual Law & Practice website, click here.

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Lawyers Timothy Pinto