Thursday, November 27, 2008

Intel decision at last

The Intel decision is in! It seems like ages ago I was sat in a LLM trade mark class listening about how important the ruling would be and here it is. Now I'm not in the best of moods to give a full run down of the decision (pretty sure I just failed interviewing and advising on my LPC), but for now basically the ECJ found in favour of 'Intelmark' in that 'Intel' needed to show more than just a similar mark in order to prevent 'Intelmark's registration. The ECJ decided that 'Intel' would have to show that they suffered damage as a result of 'Intelmark' or that it was reasonably forseeable that they would (quite simply how the hell would you show specifically that you suffered damage because of one particular brand?).

As I have said I am in no mood for a full run down now but I promise I'll look at it when I'm in a better frame of mind (tomorrow). But both IPKat and the Times have already looked at it so if your in a rush peruse them!

Until tomorrow.

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