Brand owners "smell" success

ECJ's decision in L'Oréal SA & Otrs v Bellure NV & Otrs

In a landmark decision, the European Court of Justice ("ECJ") has ruled on the scope of direct infringement and unfair advantage in the Trade Marks Directive ("TMD") and on various provisions in the Comparative Advertising Directive ("CAD"). The decision will be welcomed by brand owners, affording them greater scope to prohibit the use of their marks where that use is not purely descriptive and to prevent third parties from riding on the coat-tails of marks with a reputation. However, the decision will make it more difficult to use a competitor's mark in such a way that it falls within the scope of a permissible comparative advertisement.

For the full article please click here