Sweet Smells and a Sour Taste - The ECJ's L'Oréal decision
Max Planck Institute for Innovation and Competition
Lionel A. F. Bently
University of Cambridge - Faculty of Law
University of Bayreuth
August 17, 2009
Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-12
University of Cambridge Faculty of Law Research Paper No. 10/01
In this brief comment on the ECJ’s decision L’Oréal v. Bellure (decision of 18 June 2009 case C-487/07 ) the authors argue that by protecting the reputation of a precious mark at the expense of consumer information about the availability of products legitimately offered on the market, the Court has failed to give an adequate response to the underlying conflict between the interests of the trade mark holder and freedom of commercial speech.
Number of Pages in PDF File: 6
Keywords: Comparative advertising, unfair use of reputation, ECJ, freedom of commercial speech, Article 10 ECHR
Date posted: November 30, 2009 ; Last revised: January 12, 2011
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