Attack on landmark INTEL decision from a wolf in sheep's clothing

European Union

In Environmental Manufacturing LLP v OHIM, which concerned a wolf’s head logo, the General Court has reinterpreted the landmark INTEL decision on detriment to the distinctive character of a reputed mark. The decision circumvents the extremely problematic requirement set out in INTEL to show detriment by means of a change in the economic behaviour of the average consumer of the earlier mark consequent on use of the later mark.

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