Applying the Test of Dilution to EU Trade Mark Law

Dilution as a detriment to the distinctive character of a trade mark is a basic concept difficult to apply in practice. In his e-presentation, the author explains the foundations of dilution in EU law before exploring two areas of difficulties in proving dilution. The first difficulty lies with the concept of uniqueness of a trade mark. The second difficulty lies with proving the change of economic behaviour of the consumer as a criteria in order to assess dilution.

Simon Malynicz

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Standard version

This version of the e-presentation allows you to jump back and forward to the section of most interest.
No certificate can be provided for using this version.

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Certified version

This version requires you to view the full e-presentation and to take a short quiz at the end. A certificate can then be issued entitling you to CPD points in selected jurisdictions.

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Question 1 of 4

**Question 1: According to CJEU judgement C-413/12, Asociación de Consumidores, which of the following statements is incorrect?**

the consumer is in an inferior position vis-à-vis the seller or supplier.

consumer protection associations are also in an inferior position vis-à-vis the seller or supplier.

consumer protection associations are not in an inferior position vis-à-vis the seller or supplier.

Question 2 of 4

**Question 2: According to the CJEU judgement C-26/13, Kásler and Káslerne, Directive 93/13 requires that:**

a contractual term must be grammatically intelligible to the consumer.

a contractual term must be grammatically intelligible to the consumer or set out transparently so that that consumer is in a position to evaluate the economic consequences for him.

a contractual term must be grammatically intelligible to the consumer and set out transparently so that that consumer is in a position to evaluate the economic consequences for him.

Question 3 of 4

Question 3: If a commercial practice is found to be misleading or aggressive according to the Unfair Commercial Practices Directive (Directive 2005/29/EC), the CJEU ruled in case C-435/1, CHS Tour Service, that:

it is irrelevant if the trader complies with the duty of professional diligence.

traders are entitled to rely on the defence that they had acted in compliance with their duty of professional diligence.

it is necessary to determine whether the condition of being contrary to the requirements of professional diligence is also met.

Question 4 of 4

**Question 4: According to CJEU case C-391/12, RLvS:**

the Unfair Commercial Practices Directive (Directive 2005/29/EC) only applies to traders when they advertise its own products..

the Unfair Commercial Practices Directive (Directive 2005/29/EC) applies to traders when they advertise its own products or those of a third party.

the Unfair Commercial Practices Directive (Directive 2005/29/EC) applies only to traders when they advertise products of a third party.