07/08 The genie in the bottle: brand ‘free riding’

What's permissible and what's not?

Lucy Harrold
The Court of Appeal examines the boundaries of when the use of a trade mark amounts to infringing use within the meaning of Articles 5(1) and 5(2) of the Trade Marks Directive; issues of descriptive use, comparative and misleading advertising and what amounts to taking ‘unfair advantage’ of a registered trade mark or use not ‘in accordance with honest practices’. The Court refers various questions to the European Court of Justice.

Journal of Intellectual Property Law & Practice 2008; doi: 10.1093/jiplp/jpn103