How close is too close? Intellectual property barrister Professor Mark Engelman, 4-5 Gray’s Inn, considers the concept of trade mark dilution, in this week’s NLJ.
Engelman traces the development of dilution from its origins in a 1924 German case on mouthwash through the protection of Champagne and in Intel Corp v CPM (UK) to its current position. He skilfully dissects the differences in approach between UK, EU and US law.
The author writes: ‘The English courts have been more relaxed, and it is believed wrongly, when concluding that dilution has been established.’
Engelman offers practical advice for UK lawyers that protection 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.RELATED ARTICLES
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