Journal Article

Advocate General says comparative advertising is not a matter of trade mark law

Paul England

in Journal of Intellectual Property Law & Practice

Volume 3, issue 5, pages 284-285
Published in print May 2008 | ISSN: 1747-1532
Published online May 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn052
Advocate General says comparative advertising is not a matter of trade mark law

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According to Advocate General Mengozzi, trade mark infringement is not relevant in assessing the legality of a third party's use of an identical trade mark or similar sign in comparative advertising, but such advertising is governed exhaustively by Article 3a of the Misleading Advertising Directive (84/450), as amended by the Comparative Advertising Directive (97/55) (‘CAD’).

Journal Article.  831 words. 

Subjects: Arbitration ; Intellectual Property Law

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