Adidas-Salomon AG v Fitnessworld Trading Ltd

Subject Matter

TRADE MARK — Proprietor’s rights — Registered trade marks with reputation — EC member states' option to grant protection in case of sign identical or similar to registered mark in relation to “not similar” goods or services — Whether member states exercising option obliged to provide for protection in case of identical or similar goods or services — Criteria for finding of similarity between sign and registered mark — Relevance of finding that sign viewed purely as embellishment — Council Directive 89/104/EEC, art 5(2)

(Case C-408/01); EU:C:2003:582; [2004] Ch 120; [2004] 2 WLR 1095, ECJ

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