02/07/09
Smell-Alikes case improves position for brand owners
In a clear judgment, the ECJ has made it easier for owners of trade marks with a reputation to stop competitors selling look-alike products. There will be no need to show that customers are confused or that the trade mark owners’ sales have been affected.
It was held that any unfair advantage gained by the Defendant from the sale of imitation products, including from comparative advertisements and price comparison lists for such imitations which use those marks, was deemed to be trade mark infringement.
This follows a referral to the ECJ from the UK Courts to determine answers to the difficult questions regarding look-alike products and the concept of unfair competition.
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