Does the Intel trade mark ruling signify the dilution of dilution?
The Intel case addresses the extent to which a trade mark with a reputation may be protected against “dilution”. This recent ECJ ruling introduces a new requirement to prove a change, or likelihood of change, in the economic behaviour of consumers of goods or services for which the mark is registered. This will require brand owners and their lawyers to come up with novel approaches to evidence. In practice it may mark the end of “dilution” law as a means to prevent well-known brands suffering “death by a thousand cuts”. Invalidity action against INTELMARK Intel Corporation Inc., the owner of various UK and Community registrations for the trade mark INTEL, applied for a declaration of invalidity in relation to INTELMARK, which had been registered by CPM United Kingdom Limited. The INTEL marks were registered in respect of computer-related goods and services, for which they enjoyed a strong reputation. INTELMARK was registered in respect of marketing services. Intel’s invalidity claim wa
