Japan Tobacco, Inc., owner of the Camel mark (below) is appealing to the European Court of Justice against the decision of the Court of First Instance in Case T-128/06 Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market, Torrefacção Camelo. In this appeal, which will be Case C-136/08 P, Japan Tobacco is arguing that the Court of First Instance recognised (i) the reputation of its earlier mark, (ii) the similarity between the marks in question and (iii) the connection between the goods designated by the marks. However, it erroneously required actual, real and current evidence of harm to the earlier mark, while Article 8(5) requires a mere likelihood of harm to that mark, of unfair advantage being taken of its distinctive character or of detriment to it. Notes: (i) the CTM applicant's mark appears below; (ii) the CFI decision is in French only.