IPKat co-blogmeister Ilanah has written an article on why the Art.6 defences may not be available in most EU dilution cases and why s.10(6) may be completely off-limits in such cases. Along the way the article traces the origins of the honest practices proviso, takes a look at the US concept of nominative fair use and examines what the implications are for the defences with regard to all types of infringemt.
The piece is still in draft form, but Ilanah would welcome comments.
If you'd like a copy, please email here.
TRADE MARK ARTICLE: READERS WANTED Reviewed by Unknown on Friday, June 30, 2006 Rating: