O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193

“A registered trade mark proprietor (“proprietor”) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out in Council Directive 84/450/EEC on comparative advertising, as amended, were satisfied, and, in particular, the use was not likely to give rise to confusion on the part of the public.”

WLR Daily, 16th June 2008

Source: www.lawreports.co.uk

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