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Using the trade mark of someone else to describe how your own products relate to the trademark products is allowed under certain circumstances. Recently, the law changed in this respect, leaving the application of some factors uncertain.

“Bartleby,” said I, “Ginger Nut is away; just step round to the Post Office, won’t you? (it was but a three minute walk,) and see if there is anything for me.” “I would prefer not to.”
 “You will not?”
 “I prefer not.”


Last February, the Court of Justice (CoJ) received a notable appeal against an order of the General Court (GC) in Case T-479/14 Kendrion. There are various notable and interesting aspects to the appeal case but the most eye-catching one concerns the appellant: the Court of Justice of the European...