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11 April 2025 / Professor Mark Engelman
Issue: 8112 / Categories: Features , Competition , Intellectual property , Consumer
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Proving trade mark dilution

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Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman
  • Discusses in detail judgments from the UK, EU and US on matters relating to trade mark dilution, examining the different approaches in jurisdictions.
  • Explains that the protection enjoyed by trade marks with reputation should be based on evidence that represents the state of the market as a whole, rather than evidence of occasional and individual instances of consumer behaviour.

There is a well-known Indian parable about the blind men and the elephant. When a group of blind men heard that a strange animal called an elephant had been brought into town, they came to see it because none of them were aware of its shape or form. One said: ‘We must inspect and know it by touch, of which we are capable.’ The first landed upon the trunk and said: ‘This being is like a thick snake.’ Another man’s hand reached its ear and said it seemed like a kind of fan. The third, whose hand was upon its leg, said: ‘It

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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