“Trade mark protection against dilution is a controversial subject. Unlike the traditional action which seeks to prevent consumer confusion when a sign similar or identical to a registered trade mark is used on similar or identical goods, dilution provisions apply against uses on dissimilar goods. Moreover, under EU trade mark law, dilution protection is available for trade marks with a reputation against three types of negative consequences: unfair exploitation of the reputation or distinctiveness of the trade mark (ie free-riding), harm to its distinctiveness (ie blurring) or harm to its reputation (ie tarnishment), none of which require consumer confusion …” (more)
€
Luminita Olteanu, ‘The “trade-mark-law-and-innovation” trap: why it would be wise to conceptualize innovation outside the realms of dilution protection’, Journal of Intellectual Property Law and Practice, https://doi.org/10.1093/jiplp/jpac062. Published 2 July.
First posted 2022-07-04 08:00:53
Leave a Reply