Diluting the evidence required to show unfair advantage and detriment?

The Court of Appeal for England and Wales has asked the European Court of Justice important questions on the interpretation of unfair advantage and detriment in the context of the trade marks Directive.

Essentially, it asked whether it is sufficient, for a finding of a link and/or unfair advantage and/or detriment, that the earlier mark is unique and famous and calls to mind the later mark on dissimilar goods. Timothy Pinto analyses the Intel v CPM judgment in his article published by Oxford University Press in the Journal of Intellectual Property Law & Practice.

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

For an HTML version, click here.