The Implications of L’Oréal v Bellure—A Retrospective and a Looking Forward: The Essential Functions of a Trade Mark and when is an Advantage Unfair

08 September 2011

Audrey Horton

This article reviews the judgment of the CJEU in L’Oréal v Bellure, and its application by the English Court of Appeal in L’Oréal itself and subsequent cases.  The relevance of intention to take advantage of a famous mark is considered and general proposals for the future development of the law are drawn.  The impact of the doctrine of the ‘essential functions’ of a trade mark is considered in the light of L’Oréal, comments made by the Advocate-General in his Opinion in Interflora v Marks & Spencer and  the recently published Max Planck Institute’s Study on the European Trade Mark System.

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Disclaimer
This material was first published by Sweet & Maxwell in Audrey Horton, 'The Implications of L’Oréal v Bellure—A Retrospective and a Looking Forward: The Essential Functions of a Trade Mark and when is an Advantage Unfair?'  [2011] 9 E.I.P.R., 550  and is reproduced by agreement with the Publishers.