ETMR: SPECIAL TRADE MARK DILUTION ISSUE


The New Year is not yet with us, but Sweet & Maxwell has already published the January 2005 issue of the European Trade Mark Reports. This issue is something of a "European Dilution Special", since all the cases have a dilutionary slant to them.

Cases included in this issue which are available in English forthe first time are as follows:

* Campomar SL v Nike International Ltd (Supreme Court, Portugal): an application by Nike's rivals Campomar to extend an existing international trade mark registration to Portugal is beaten back.

* Adidas Salomon AG v Dolce & Gabbana Germany GmbH (Oberlandesgericht, Munich): protection of the three-stripe motif as a famous mark.

* Adidas Salomon AG and Adidas Italia Slr v Shoes Partners SAS (Court of Rome): whether three-stripe mark would be perceived as a trade mark or as a mere embellishment on defendant's products.


Adidas: keeping afoot of the latest trade mark trends

* Adidas Sarragan France v Subo and another (Cour d'appel de Paris, France): consideration of dilution of three-stripe motif by use of both two- and three-stripe motifs.

Other significant cases include the UK's Mastercard v Hitachi and Quorn Hunt decisions.
ETMR: SPECIAL TRADE MARK DILUTION ISSUE ETMR: SPECIAL TRADE MARK DILUTION ISSUE Reviewed by Jeremy on Sunday, December 19, 2004 Rating: 5

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