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On 4 October 2011, the European Court of Justice (the ECJ) gave its ruling on questions referred from the England and Wales High Court, in relation to the use of foreign satellite decoder cards for the broadcast of English Football Association Premier League matches
The ECJ has given judgement in the O2 v Hutchinson 3G referral and held that a trade mark owner can bring an infringement claim to prevent use of his mark in comparative advertising if he can show a likelihood of confusion between his goodsservices and those of the advertiser
The European Court of Justice (the ECJ) ruled that O2 Holdings Limited and O2 (UK) Ltd. could not rely on their trademark rights to prevent the use of bubble imagery in a comparative advertisement by Hutchinson 3G UK Limited, as the advertisement was not misleading and did not cause confusion as to the origin of the services being offered
Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89552EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 295 14 November 2007, p. 12
