ECJ Approximation of laws – Trade marks Directive 98/104/EEC Article 5(1)(a) – Use of another person’s trade mark for identical goods in comparative advertising Article 5(2) – Unfair advantage taken of the reputation of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EEC Article 3a(1) – Conditions under which comparative advertising is permitted Unfair advantage taken of the reputation of a competitor’s trade mark Imitation or replica of the goods protected by a competitor’s trade mark.
C-487/07,  EUECJ C-487/07
Bailii, Bailii, Times, Bailii
See Also – L’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
At first instance – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
Reference From – L’Oreal Sa and others v Bellure Nv and others CA 10-Oct-2007
At ECJ – Intel Corporation v CPM United Kingdom Ltd (Approximation Of Laws) ECJ 27-Nov-2008
Europa Directive 89/104/EEC Trade marks Article 4(4)(a) Trade marks with a reputation – Protection against the use of a later identical or similar mark Use which takes or would take unfair advantage of, or is or . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property, Media
Updated: 02 November 2021; Ref: scu.286164