To Buy or Not to Buy: The Use of a Trade Mark as a Communication Tool Rather than as a Link between a Product and its Source-a Further Consideration of the Concept of Dilution

摘要

The concept of dilution was substantially restricted following the introduction, in the case of Intel Corp Inc v CPM UK Ltd, of a requirement that to establish detriment to the distinctive character of an earlier mark for the purposes of art. 4(4) (a) of Trade Mark Directive 89/104 it was necessary to demonstrate a change in the average consumer's economic behaviour. This article analyses and questions the rationale behind the introduction of this requirement and further questions the basis of the General Court's subsequent interpretation of Intel in the case of Environmental Manufacturing LLP v OHIM.