TY  - GEN
N2  - In this brief comment on the ECJ’s decision L’Oréal v. Bellure (decision of 18 June 2009 case C-487/07 ) the authors argue that by protecting the reputation of a precious mark at the expense of consumer information about the availability of products legitimately offered on the market, the Court has failed to give an adequate response to the underlying conflict between the interests of the trade mark holder and freedom of commercial speech.
AB  - In this brief comment on the ECJ’s decision L’Oréal v. Bellure (decision of 18 June 2009 case C-487/07 ) the authors argue that by protecting the reputation of a precious mark at the expense of consumer information about the availability of products legitimately offered on the market, the Court has failed to give an adequate response to the underlying conflict between the interests of the trade mark holder and freedom of commercial speech.
T1  - Sweet Smells and a Sour Taste :The ECJ's L'Oréal decision
AU  - Kur, Annette
AU  - Bently, Lionel A. F.
AU  - Ohly, Ansgar
LA  - eng
ID  - 42149
KW  - Freedom of commercial speech
KW  - Unfair use of reputation
TI  - Sweet Smells and a Sour Taste :The ECJ's L'Oréal decision
LK  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1492032##
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1492032##
ER  -