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Article: IP Snapshot: December 2006.(trade mark infringement case of O2 Holdings Ltd against Hutchison 3G Ltd)(Montex Holdings Limited v. Diesel SpA)(GlaxoSmithKline Biologicals SA v Sanofi Pasteur SA)
- Article from:
- Mondaq Business Briefing
- Article date:
- December 18, 2006
CopyrightCOPYRIGHT 2006 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Bringing you monthly news of key developments in intellectual property law.
Trade Marks
O2 Holdings Ltd & another v Hutchison 3G Ltd (Court of Appeal)
In this long-running dispute between two mobile phone service providers, the Court of Appeal has referred two questions to the European Court of Justice on the interaction between trade mark infringement and the Comparative Advertising Directive (97/55/EC).
First, the Court asked whether the use of a mark for the purposes of a comparison which does not affect the essential function of the trade mark (to guarantee trade origin) is prevented by Article 5(1) of the Trade Marks Directive. ...