Overview

The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off.

The case provides further guidance on the application of Article 9(1)(c), following the ECJ's ruling in L'Oreal v Bellure, but suggests a fairly narrow interpretation of "unfair advantage" by the UK courts.

The judgment also comments at length on the value of, and potential pitfalls involved in, different types of evidence which are commonly deployed in trade mark infringement, and passing off claims.

To read this Herbert Smith briefing in full, click ‘View Briefing’.