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Europe Daily Bulletin No. 9681

13 June 2008
Contents Publication in full By article 32 / 40
GENERAL NEWS / (eu) eu/court of justice
Trade marks do not prevent O2's competitors from using bubbles in comparative advertising

Brussels, 12/06/2008 (Agence Europe) - On Thursday 12 June 2008, the Court of justice ruled that trade marks do not take primacy over the right to comparative advertising, as long as the advertising in question does not denigrate the competition or cause confusion in the minds of the public. It is highly unlikely, then that English courts will find against British telecommunications company Hutchison (H3G) for using a rival's trade mark in its television advertising (case C-533/06).

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