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NLJ this week: Identifying elephants—trade mark dilution, ‘tarnishing’ & competition

11 April 2025
Issue: 8112 / Categories: Legal News , Intellectual property , Competition , Consumer
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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. 

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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