The ECJ has ruled but who has won? H3G have claimed victory in the long running "bubbles" comparative advertising case, but the truth is not so clear...

The ECJ has declined to follow the opinion of Advocate General Mengozzi. In answer to questions referred from the UK Court of Appeal the ECJ has said that, in line with O2's reasoning but contrary to Hutchison 3G's submissions, the views of the Court of Appeal, the Commission and the Advocate General, the Trade Marks Directive is engaged in the context of comparative advertising.

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