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.
Read the article here.
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?'  9 E.I.P.R., 550 and is reproduced by agreement with the Publishers.