The IPKat has learned that Italy has removed the requirement for the goods of the earlier and later user to be dissimilar from its legislation in detriment/unfair advantage cases. The UK has done the same via statutory instrument following the ECJ's ruling in Adidas v Fitnessworld.
The IPKat would like to know whether other EU Member States have also removed the dissimilar goods/services requirement from their implementations of Arts 4(4)(a) and 5(2) of Directive 89/104. If you have any information, please drop the kat a line. He promises to share the information with his readers (though informants can remain anonymous on request).