Embellishment: Trade Mark use Triumph Or Decorative Disaster

EIPR, Vol. 321, 2006

Posted: 19 Jun 2006

See all articles by Ilanah Simon Fhima

Ilanah Simon Fhima

Institute of Brand and Innovation Law, Unversity College London

Abstract

This article considers the concept of embellishment, championed by the ECJ in Adidas v Fitnessworld, in the wider context of the debate over 'trade mark use'. It analyses judicial and academic considerations on embellishment prior and subsequent to the Fitnessworld decision both in Europe and the US. The author argues that embellishment is a concept specific to dilution-style infringement which is inextricably tied to the need for there to be a 'link' between the two parties' signs in dilution cases, and that wrongly labeling embellishment as a trade mark use argument can have harmful results.

Keywords: Trademark, Embellishment, Trademark use, Trade mark, Dilution, European Court of Justice

JEL Classification: O34, K39

Suggested Citation

Simon, Ilanah, Embellishment: Trade Mark use Triumph Or Decorative Disaster. EIPR, Vol. 321, 2006, Available at SSRN: https://ssrn.com/abstract=909560

Ilanah Simon (Contact Author)

Institute of Brand and Innovation Law, Unversity College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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