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- Title
CJEU provides guidance on assessing if an 'economic link' exists between two parties which precludes a likelihood of confusion Court of Justice of the European Union, Case C-736/18 P Gugler France v European Union Intellectual Property Office, EU:C:2020:308, 23 April 2020
- Authors
Smith, Leigh
- Abstract
The Court of Justice of the European Union has confirmed that the assessment of whether there was an 'economic link' between two parties should be assessed substantively and not formally. As such, it should not be only considered from the perspective of whether the earlier rightholder has the ability to control the other party.
- Subjects
LEGAL judgments; COURT of Justice of the European Union; INTELLECTUAL property lawsuits; TRADEMARK lawsuits; APPELLATE procedure
- Publication
Journal of Intellectual Property Law & Practice, 2020, Vol 15, Issue 9, p676
- ISSN
1747-1532
- Publication type
Article
- DOI
10.1093/jiplp/jpaa128