Post Intel, how well protected are well-known trade marks? Hamish Porter & Louisa Albertini report
In Intel v CPM United Kingdom Limited (C-252/07) the European Court of Justice (ECJ) has provided guidance on the ambit of protection for trade marks with a reputation. Under European law, owners of trade marks with a reputation can prevent or invalidate the registration of later trade marks (Arts 4(3) and 4(4)(a) Trade Marks Directive 2008/95/EEC) and take infringement action (Art 5(2)) where the later mark/infringing sign is “identical with, or similar to, an earlier…trade mark…and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark”.
The English Court of Appeal in Intel sought clarification from the ECJ of the interpretation of this provision in a case where computer-chip manufacturer and owner of the well-known Intel mark was seeking to invalidate the Intelmark trade mark registered by CPM for marketing and telemarketing services.
The ECJ had previously ruled in adidas v Fitnessworld (C-408/01)
