Abstract

H1 Trade mark—Infringement—Perfumes—Replica “smell-alike” perfumes—Comparison lists held to infringe—Appeal to Court of Appeal—Reference of questions to European Court—Unfair advantage—Unlawful comparative advertising—Presentation of goods as “replicas” unfair—Resumed hearing in Court of Appeal—Comparison lists—Court constrained by ECJ decision—Lists held to infringe—Observations on impact of trade mark rights on free speech

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