Amicus Brief

Intel Corporation Inc. v. CPM United Kingdom Ltd.

Published: September 5, 2007

Court

European Court of Justice

Our Position

Under the European Union’s trademark dilution law, the analysis should not focus on whether there is a “link” between the well-known mark and the junior mark, but rather whether under all the circumstances there is a likelihood of unfair advantage because of use of the junior mark.

Outcome

While the court did not reject the “link” analysis, it held—consistent with INTA’s submission—that “existence of such a link must be assessed globally, taking into account all factors relevant to the circumstances of the case.”

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