Etmr: Especial Merchandise Rank Dilution Issue


The New Year's Day is non nevertheless alongside us, exactly Sweet & Maxwell has already published the Jan 2005 resultant of the European Trade Mark Reports. This resultant is something of a "European Dilution Special", since all the cases bring a dilutionary slant to them.

Cases included inwards this resultant which are available inwards English linguistic communication forthe start out fourth dimension are equally follows:

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

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

* Adidas Salomon AG in addition to Adidas Italian Republic Slr v Shoes Partners SAS (Court of Rome): whether three-stripe order would move perceived equally a merchandise order or equally a mere embellishment on defendant's products.


Adidas: keeping afoot of the latest merchandise order trends

* Adidas Sarragan French Republic v Subo in addition to roughly other (Cour d'appel de Paris, France): consideration of dilution of three-stripe motif past times purpose of both two- in addition to three-stripe motifs.

Other pregnant cases include the UK's Mastercard v Hitachi and Quorn Hunt decisions.

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