Over the last year or so there have been a number of critical European Court of Justice decisions affecting trade marks. In the wake of those decisions, this article gives an overview of:

  • the scope of trade marks and infringement actions, focusing on the enhanced protection now available to strong brands
  • the ability of brand owners to enforce their marks in the context of comparative advertising and online use
  • practical steps that could be taken in light of the risks for brand owners
This article was originally published in PLC magazine November 2009 and is reproduced with the permission of Practical Law Company Limited .
 
 

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