The European Court of Justice Decided about Infringement of Well-Known Trademarks by Using Similar Trademarks in a Comparison List

In a recent judgment the European Court of Justice held that the use of a sign similar to a mark with a reputation in a comparison list must be considered as an advantage that has been unfairly taken of the distinctive character or the repute of that mark. According to the European Court of Justice the attempt of a third party is unfair, to ride on the coat-tails of that mark in order to benefit from its power of attraction, its reputation and prestige, and to exploit, without paying any financial compensation and without being required to make efforts of its own in that regard, the marketing efforts expended by the proprietor of that mark in order to create and maintain the image of that mark. It is not required that there is likelihood of confusion or likelihood of detriment to the distinctive character or the repute of the mark or, more generally, to its proprietor. The European Court of Justice held that in this situation trademark infringement can be in place as well as unfair comparative advertising.