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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Let's watch the flowers grow... or maybe not

Apparently, the wisdom of the CJ in its Interflora judgment has left the trademark community slightly puzzled and forces us  (or maybe just this silly blogger) to read the judgment again and again to make sense of it. This blogger will not rush into an assessment of the judgment and will wait to be enlightened by more experienced academics and lawyers. But he would like to voice his concern about the Court's decision to talk of the investment function of the trademark, which, apparently, overlaps, but does not coincide with the advertising function of the trademark. He would also like to ask why the Court went into that trouble, if it were to leave the concept underdeveloped - and he would not accept as a valid answer that it was Interflora that raised the issue. Academic discussion of the increasingly multi-functional concept or notion of a trademark is indeed interesting, but we look to the CJ for guidance, right?

Flowers, if this blogger hurt anyone's feelings .

 Travis with 'Flowers in the Window', from where the title was borrowed here.     

Posted by: Nikos Prentoulis @ 15.29
Tags: Court of Justice, Interflora, Marks&Spencer, advertsing function, investment function, keywords, Google,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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