Should EU Trademark Law act as a 'muzzle' to brand reference lists?

摘要

Having strongly objected, however, the Court of Appeal did exactly what it should do...and duly applied the ruling that it had just criticised.rnMany readers will knowthat the case surrounds the right of cheaper copycat products to be able to compete with luxury brands, by identifying them for reference purposes in comparison lists.rnBellure had used L'Oreal's trademarks in respect of the same goods. Therefore, Bellure's use of the famous named perfumes would infringe L'Oreal's registered trademarks unless Bellure could show that it had complied with all the conditions in the Comparative Advertising Directive.