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11 April 2025
Issue: 8112 / Categories: Legal News , Intellectual property , Competition , Consumer
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NLJ this week: Identifying elephants—trade mark dilution, ‘tarnishing’ & competition

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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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