The IPKat is intrigued by a story in CNNMoney.com. Lanard, a
This reminds the IPKat of the ECJ’s relatively recent Adam Opel decision, where the makers of Adam Opel cars lost a case against a toy maker making replica toy Adam Opel cars which included the trade mark. The IPKat says there are two big questions in such cases: 1. will consumers really think a car maker is also making toys, or licensing its mark for toys? 2. Do we want to give makers of ‘real world’ goods a monopoly in the secondary market for toy replicas of their goods?