Brand recognition can be of great value – even when an entity unrelated to the trademark owner attempts to capitalise on it. The Court of Justice of the European Union has set out the limits of such action.
A Belgian political party used the acronym ‘IKEA’ in its activities, as well as slogans and elements of communication reminiscent of the way in which the Swedish furniture giant communicates. IKEA objected to this use of its well-known trade mark.
The CJEU pointed out that the reputation of a renowned trademark is subject to special protection and emphasised that, in the case in question, the issue of establishing what is known as ‘just cause’ is of key importance.
Anna Gołębiowska comments on the significance of the CJEU judgement and the special protection afforded to a trademark with reputation in Prawo.pl.
“Renowned trademarks enjoy special protection. This protection is significantly stronger than that afforded to ordinary trademarks (…) This special protection for a trademarks with reputation is reflected in the judgment in question.”
We invite you to read the full article: LINK
