IPKat co-master Ilanah has just unearthed a CFI decision that she's been waiting for for ages. There's just one snag - no English translation, even though the decision was given at the end of April. At the OHIM Board of Appeal stage Ampafrance v Johnson & Johnson (BEBE/MONBEBE) discussed inter alia how to prove detriment to distinctive character (blurring to our American friends) and the degree of likelihood of detriment to distinctive character that is required in registration situations. The IPKat's limited grasp of French causes him to believe that the Art.8(5) issue wasn't discussed by the CFI but if any of his readers know better, he'd love to hear about it. Also, assuming he's right, does anyone know why the Art.8(5) claim went away?
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