Journal Article

Intel-ligent way forward? The ECJ rules on dilution

Louise O'Callaghan

in Journal of Intellectual Property Law & Practice

Volume 4, issue 4, pages 237-239
Published in print April 2009 | ISSN: 1747-1532
Published online April 2009 | e-ISSN: 1747-1540 | DOI:
Intel-ligent way forward? The ECJ rules on dilution

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After a referral from the Court of Appeal for England and Wales, the ECJ decided that, to succeed in a trade mark dilution claim, brand owners must prove likelihood of economic damage in the marketplace by showing a change in consumer behaviour. Until now it was thought that owners of well-known brands enjoyed automatic protection.

Journal Article.  2141 words. 

Subjects: Arbitration ; Intellectual Property Law

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