Sunt sigur ca va amintiti reclamele la detergenti in care se compara doua produse, unul dintre ambalaje fiind marcat cu X si mesajul: detergentul nostru este mai bun decat detergentul X … Ei bine, firma de telefonie mobila O2 Holdings Limited & O2 (UK) Limited a intentat un proces la Curtea Europeana de Justitie celor de la Hutchison 3G UK Limited din cauza unei reclame de acest tip. H3G folosea intr-un spot publicitar o comparatie intre preturile lor si ale altor companii, insa concurenta era reprezentata prin niste bule care semanau cu logo-ul O2.
Out-law.com prezinta povestea in articolul Trade mark holders cannot stop honest comparative advertising, rules ECJ (OUT-LAW News, 12/06/2008):
Mobile phone firm O2 looks likely to fail to stop competing mobile firm 3 from using its name and trade-marked bubble motifs in its adverts. The competing company had used graphics similar to O2’s in ads comparing the two companies’ prices.
O2 had lost its original case and appealed, and the Court of Appeal had asked the European Court of Justice (ECJ) to rule on whether 3’s use of the motifs was illegal under trade mark law.
The ECJ, Europe’s highest court, ruled today that 3 was entitled to use the symbols as long as it did not confuse the public into thinking that the ad was from O2 itself.
Telefonica-owned O2 holds registered trade marks for its name and for images of bubbles in relation to telecoms services, and claimed that the use of its name and of bubbles similar to its own in the 3 price comparison ad violated its trade marks.
The ECJ said that violation would only occur if the use was in the course of trade; was without the trade mark owner’s consent; was in relation to the same kinds of goods or services as that for which the trade mark is registered; and confuses consumers as to the origin of the goods or services.
The ECJ said that since the fourth condition was not met, O2 could not oppose the use of the bubbles or its name.
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