Embellishment: Trade Mark use Triumph Or Decorative Disaster
EIPR, Vol. 321, 2006
Posted: 19 Jun 2006
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: Suggested Citation