The art of writing is the art of discovering what you believe.
Gustave Flaubert

Saturday, 14 January 2017

Triad of protection

An expression apparently coined by Joachim Bornkamm, judge of the Budesgerichtshof (German Federal Supreme Court), now retired, and professor at the University of Freiburg, in his Stephen Stewart Memorial Lecture of 1999, to describe the three-part test for conflicts in the European Union trade mark system (double identity, similarity plus likelihood of confusion, and unfair advantage or tarnishment).

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