Trademark Coexistence Agreement Sec

The CJEU confirmed that an ATT could be “legitimate and useful” if there is a “serious likelihood of confusion” between conflicting marks and if the parties intend, through the ATT, to settle a dispute over such a likelihood of confusion. However, an ATT infringes EU competition rules where its main objective is to share the market or restrict competition (Case C-35/83 BAT v Commission). . . .

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