Reference for a preliminary ruling from Court of Appeal (Civil Division) (United Kingdom) made on 29 May 2007 - Intel Corporation Inc. v CPM United Kingdom Limited

(Case C-252/07)

Language of the case: English

Referring court

Court of Appeal (Civil Division)

Parties to the main proceedings

Applicant: Intel Corporation Inc.

Defendant: CPM United Kingdom Limited

Questions referred

1.    For the purposes of Art 4(4)(a) of the First CouncilDirective 89/104 of 21st December 1988¹, where:

the earlier mark has a huge reputation for certain specific types of goods or services,

those goods or services are dissimilar or dissimilar to a substantial degree to the goods or services of the later mark,

(c)        the earlier mark is unique in respect of any goods orservices,

(d)    the earlier mark would be brought to mind by theaverage consumer when he or she encounters the latermark used for the services of the later mark,

are those facts sufficient in themselves to establish (i) "a link" within the meaning of paragraphs [29] & [30] of Adidas-Salomon AG v. Fitnessworld Trading Ltd, Case C-408/01, [2003] ECR I-12537 and/or (ii) unfair advantage and/or detriment within the meaning of that Article?

If no, what factors is the national court to take into account in deciding whether such is sufficient? Specifically, in the global appreciation to determine whether there is a "link", what significance is to be attached to the goods or services in the specification of the later mark?

In the context of Art 4(4)(a), what is required in

order to satisfy the condition of detriment to distinctive character? Specifically, does (i) the earlier mark have to be unique, (ii) is a first conflicting use sufficient to establish detriment to distinctive character and (iii) does the element of detriment to distinctive character of the earlier mark require an effect on the economic behaviour of the consumer?

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¹ - OJ L 40, 11.02.1989, p. 1