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03 March 2011
Issue: 7455 / Categories: Case law , Law digest
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Trade mark

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Kingspan Group plc and another company v Rockwool Ltd [2011] EWHC 250 (Ch), [2011] All ER (D) 242 (Feb)

Article 5(2) of  Council Directive (EC) 2008/95 (to approximate the laws of the Member States relating to trade marks) (The TM Directive) and art 9(1)(c) of the Council Regulation (EC) 2009/207 (on the Community trade mark) (the CTM Regulation) established, for the benefit of marks with a reputation, a wider form of protection than that laid down in art 5(1) of the TM Directive or art 9(1)(b) of the CTM Regulation.

The condition of that protection consisted of a use without due cause of a sign identical with or similar to a registered mark which would take unfair advantage of, or was, or would be detrimental to the character or the repute of the earlier mark.
 

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