MAY 2008
Three challenges for the ECJ
Taking their crystal ball, Emmy Hunt and Leone Kemp seek to predict how Europe's top court will try to answer some knotty problems referred to it from national trade mark litigation
| One-minute read |
| A number of cases featuring questions on the Trade Marks Directive are pending at the ECJ, and their outcomes are eagerly awaited by practitioners. Three in particular raise novel and interesting questions. One dispute addresses whether Intel's registered trade marks can prevent the registration of Intelmark, and therefore how much protection famous marks should be given. Another – a battle over advertisements featuring bubbles between two telecoms providers – raises questions about the extent to which comparative advertising is protected from trade mark infringement claims, and the issue of indispensability. The final case considered here – also referred from the UK – concerns smell-alike products, and the extent to which they should be permitted under trade mark and comparative advertising law. While it is impossible to predict how the ECJ will answer the questions, some informed speculation can be hazarded. |
A number of questions that have been referred by various national courts to the European Court of Justice (ECJ) for guidance on the interpretation of First Council Directive 89/104 (the Trade Marks Directive or TMD) are pending. These references may lead to important (or at least interesting) consequences for European practitioners and brand owners.
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