Intel Corporation Inc. v. CPM United Kingdom Ltd.

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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