General Court Revisits Proof of Dilution

The EU General Court has ruled that demonstrating detriment to a trade mark’s distinctive character does not require proof of a change in economic behaviour of the average consumer of the goods or services for which the mark is registered. Although this point had been considered by the European Court of Justice in a previous case, the General Court interpreted Article 8(5) of the Community Trade Mark Regulation differently, finding that such effect would be inevitable following the dispersal of the identity of the earlier mark as a result of dilution, such that no separate evidence was required.

Background

In ...