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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.”


The Nikolova case (C-83/14), currently pending before the Court of Justice (CoJ), constitutes an interesting and unique example of a practice alleged to have discriminatory effects on a large group of persons defined by reference to their Roma ethnic origin. The case sheds light on the role that EU...