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By Sara Jones
A trade mark is a trader’s badge of quality for its product or service, and a registered trade mark is a powerful legal right for its owner, who can prevent similar marks being used for similar goods. In some circumstances, possession of a trade mark can stop the use of a similar mark on dissimilar goods if the mark has a special reputation.
By Sara Jones
On 9 November the European Court of Justice (‘ECJ’) delivered its long awaited judgments in The British Horseracing Board and Others v William Hill Organization Ltd (Case C-203/02), Fixtures Marketing Ltd v Oy Veikkaus AB (Case C-46/02), Fixtures Marketing Ltd v Organismos Prognostikon Agonon Podosfairou AE (Case C-444/02) and Fixtures Marketing Ltd v Svenska Spel AB (Case C-338/02).
By Sara Jones
Using colours to promote a company’s products is not a new concept, and colour is often central to a product’s branding. But to what extent can businesses protect the colours of their products through trade marks?