The ECJ's judgment inwards Adidas-Salomon v Fitnessworld is out today. The amount judgment isn't available on the ECJ's website soundless merely a press unloose is, saying:
"The Court has found that it is non necessary for at that spot to be a likelihood of confusion betwixt the sign in addition to the order amongst a reputation inwards social club to claim infringement of that mark. It is sufficient if the relevant department of the populace establishes a link betwixt the sign in addition to the order fifty-fifty though it does non confuse them.
However, the Court has specified that where, according to a finding of fact yesteryear the national court, the relevant department of the populace views the sign purely equally an embellishment, it does non necessarily flora whatever link amongst the order amongst a reputation. It follows that the proprietor of the order amongst a reputation cannot foreclose the purpose of that embellishment yesteryear a 3rd party."
Sadly the press-release doesn't plough over whatever article numbers in addition to then it's difficult to know if the ECJ is talking nearly Article 5(1)(b) or Article 5(2). Watch this infinite - to a greater extent than from the IPKat equally in addition to when it becomes available.
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