ECJ Rules Against Intel's Trademark Case

by Ulrika Lomas, for LawAndTax-News.com, Brussels

01 December 2008

A long-running trademark dispute started by US computer chip manufacturer Intel has been dismissed after reaching the European Court of Justice (ECJ).

Intel began the dispute after alleging that UK-based telemarketing company, CPM, had infringed upon its trademark by marketing some of its business under the "Intelmark" logo.

Intel has alleged that CPM's use of the logo has caused confusion between the two brands to the detriment of the company, and has subsequently tried to put a stop to its use by CPM.

The company has tried and failed on several occasions to gain legal backing for its argument. The UK Intellectual Property Office, the UK High Court and the UK Court of Appeal have all dismissed Intel's case, with the latter referring it to the ECJ.

The ECJ has given Intel the same verdict it received in the domestic courts, arguing that the company does not have enough substantial evidence to prove that CPM's trademark is causing significant damage to its business.

According to the ECJ, vague trademark similarities alone are not enough to warrant a demand for compensation in court. It ruled that Intel has not made a strong enough case against CPM to prove that its customers' behaviour has significantly changed because of CPM's trademark alone.

This ruling will now apply to all companies in a similar position, and will become the basis of decision-making for the UK Intellectual Property Office, which is responsible for licensing (and also removing) trademarks for companies in the UK.

Intel's case will now be referred back to the UK Court of Appeal.

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