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Journal of Intellectual Property Law & Practice Advance Access originally published online on July 2, 2009
Journal of Intellectual Property Law & Practice 2009 4(8):538-540; doi:10.1093/jiplp/jpp101
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

‘Connection’, ‘relevant public’ and unfair advantage

Chiara Ortolani
University of Bologna and Erasmus scholar, Olswang

Antartica Srl v Office for Harmonisation of the Internal Market (OHIM) and the Nasdaq Stock Market, Inc., Case C 320/07, European Court of Justice, 12 March 2009

The concept of unfair advantage provided by Article 8 (5) of Regulation 40/94 on the Community trade mark cannot be identified without considering the degree of similarity between the trade marks, the strength of the earlier mark's reputation, and the degree of its distinctive character, and without recalling a notion of relevant public which can change according to the type of injury alleged.

Correspondence: Email: chiara.ortolani{at}libero.it


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