PKat co-author Jeremy is currently writing a conference paper on the closely-related propositions put forward by the European Court of Justice that
* the more distinctive the earlier mark, the greater the likelihood of confusion with similar marks for the same or similar goods or services (SABEL v Puma)
* the more highly distinctive the mark, the broader the protection it enjoys (Canon v MGM).
He'd very much appreciate any insights from IPKat readers as to whether these principles are sound bases for the protection of registered trade marks or whether they are illogical aberrations. In return, he'll be happy to send a draft of his paper to anyone who wants to see it. Please send your comments to the IPKat.
More on confusion here, here and here