Category: advertising

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

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd

Court of Justice of the European Communities

“The proprietor of a trademark was not entitled to prevent the use by a competitor of a sign identical or similar to his mark in a comparative advertisement, provided, inter alia, that there was no risk of confusion on the part of the public between the proprietor and the competitor or between their respective goods or services.”

The Times, 17th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.