Use of trade mark in coparative advertising
Europa Trade marks Directive 89/104/EEC Article 5(1) Exclusive rights of the trade mark proprietor Use of a sign identical with, or similar to, a mark in a comparative advertisement Limitation of the effects of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EC Article 3a(1) Conditions under which comparative advertising is permitted Use of a competitor’s trade mark or of a sign similar to that mark.
 EUECJ C-533/06, Times 17-Jun-2008,  ECR I-4231,  3 CMLR 14,  Bus LR 339
Advocate General’s Opinion – O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited ECJ 31-Jan-2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability . .
Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
These lists may be incomplete.
Updated: 03 June 2021; Ref: scu.277760