The ECJ’s puzzling concept of a “change in economic behaviour”

This is an Insight article, written by a selected partner as part of IAM's co-published content. Read more on Insight

The ECJ has ruled that in order to cause detriment to a trademark, a later mark used for dissimilar goods or services must effect a change in the economic behaviour of the average consumer. For many, this ambiguous concept has caused consternation and concern


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