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ARTICLE · 17 DECEMBER 2008

Brands & Intellectual Property - Bubbling Over!

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The ECJ has given judgement in the "O2 v Hutchinson 3G" referral and held that a trade mark owner can bring an infringement claim to prevent use of his mark in comparative advertising if he can show a likelihood of confusion between his goods/services and those of the advertiser.

United KingdomIntellectual Property
Jonathan Cornthwaite
Jonathan Cornthwaite

The ECJ has given judgement in the O2 v Hutchinson 3G referral and held that a trade mark owner can bring an infringement claim to prevent use of his mark in comparative advertising if he can show a likelihood of confusion between his goods/services and those of the advertiser.

In connection with its mobile phone services, 02 owned and use various registered trade marks for bubble images. 3G ran a TV advertisement for its own mobile phone services, containing the term "02" and some bubble images, and implying that its services were cheaper than those of 02. 02 brought a claim for trade mark infringement.

The matter went to the Court of Appeal, which referred three questions to the ECJ:

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