Hello, I am looking for someone to write an article on Intellectual Property Law: Trademark. It needs to be at least 4000 words. Not entirely agreeing with the High Court’s position, the Court of Appeal did not decide on some issues when the case was appealed to it and instead referred them to the European Court of Justice. In 2009, the ECJ held that the use of comparative lists amounts to unfair advantage if they use the marks of a competitor so as to advertise its own products. Seemingly disliking this ruling, Lord Jacob remarked, “The problem, stated at its most general, is simple. Does trademark law prevent the defendants from telling the truth? Even though their perfumes are lawful and do smell like the corresponding famous brands, does trademark law nonetheless muzzle the defendants so that they cannot say so?”2 A study of the decisions shows that whilst the ECJ decision stresses the trade holder’s rights as against distorted competition, Lord Jacob places emphasis on the right of the defendants to free speech and the right of the consumers to hear it.
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