Elizabeth Emanuel: The Ag Speaks

Advocate General Ruiz-Jarabo Colomer gave his Opinion before today inward Case C-259/04 Elizabeth Florence Emanuel v Continental Shelf 128 Ltd, the first-ever reference to the European Court of Justice from a Lord Chancellor's Appointed Person inward the UK. This example arises from the assignment past times fashion designer of a merchandise grade (above, right) containing a prominent representation of her ain name. Can her lift endure validly registered or used equally a merchandise grade past times others if that registration or purpose causes members of the populace erroneously to scream upward that she is inward to a greater extent than or less agency connected amongst the draw of piece of employment concern that owns in addition to uses it?

The AG has advised the ECJ to dominion that

"(1) Article 3(1)(g) of Council Directive 89/104 must endure interpreted equally important that a sign comprising, at to the lowest degree partially, a proper name, assigned together amongst the goodwill of which it forms part, does not deceive the public, fifty-fifty if it evokes the false impression that that individual took business office inward the pattern in addition to creation of the goods for which it is used.

(2) In the same circumstances, the mere purpose of the registered grade does not deceive the populace inside the important of Article 12(2)(b) of the said directive. It is for the national judicial say-so to consider the item features of the example inward evaluating the influence which the purpose of that grade may guide maintain had on the impression received past times the public".

thinks this is right inward damage of merchandise grade law, merely feels to a greater extent than or less sympathy amongst the pitiful consumer too. Still, he volition reserve judgment till he sees what the ECJ decides when it gives its ruling this summer.