Enforcing a trade mark when nobody's confused: where the law stands after L'Oréal and Intel

摘要

Legal context This article reviews the extent to which European trade mark law permits a proprietor to enforce its trade mark against uses of signs or marks by third parties which do not cause consumer confusion, with a particular focus on the recent decisions of the European Court of Justice (ECJ) in Intel v CPM and L'Oréal v Bellure.