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Senftleben, Martin --- "Adapting EU trademark law to new technologies: back to basics?" [2013] ELECD 206; in Geiger, Christophe (ed), "Constructing European Intellectual Property" (Edward Elgar Publishing, 2013) 137

Book Title: Constructing European Intellectual Property

Editor(s): Geiger, Christophe

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781001639

Section: Chapter 7

Section Title: Adapting EU trademark law to new technologies: back to basics?

Author(s): Senftleben, Martin

Number of pages: 40

Abstract/Description:

In recent years, the Court of Justice of the European Union (CJEU) has continuously expanded the scope and reach of trademark protection in the EU. With the challenges arising in the digital environment, however, this expansionist approach becomes more and more questionable. The current problems arising from keyword advertising shed light on areas of overbroad, excessive trademark protection created by the Court. Moreover, inconsistencies in the Court’s system of infringement criteria clearly come to the fore. Against this background, the present analysis explores ways out of the dilemma.