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Mobile company 3 has won a four-year battle with rival O2 over trade mark infringements.
The case was brought because O2 claimed infringement of its bubble trademarks based on 3's use of bubble imagery in a television advertisement which compared their pay-as-you-go services.
At the European Court of Justice, 3 was told it can use the symbols as long as it does not confuse people into thinking that the advert is from O2.
The ruling said that four conditions must be proved for a violation of 02's registered trademarks to have occurred, but only three were met.
It read: "The use by H3G (3) in the advertisement in question, of bubble images similar to the bubbles trademarks, did not give rise to a likelihood of confusion on the part of consumers.
"The advertisement, as a whole, was not misleading and, in particular, did not suggest that there was any form of commercial link between O2 and O2 (UK) on the one hand, and H3G, on the other.
The Trade Marks Act details what can and cannot be registered as a trade mark and sets out the process for taking action against infringement and the penalties the courts can impose.
