The defendant sought a stay of the proceedings for trade mark infringement to allow an application at OHMI for the revocation of the trade mark to be decided.
Held: The court should be cautious before applying practice on patents where the same rules were not available to manage such disputes. In this case the prospect of possible delay and uncertainty if left to the European Courts weighed against the grant of a stay.
Judges:
Mann J
Citations:
[2007] EWHC 2668 (Ch), Times 18-Dec-2007, [2008] Bus LR 465
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Glaxo Group Ltd v Genentech Inc and Another PatC 15-Jun-2007
So far as patents are concerned, there is a rebuttable presumption in favour of staying English proceedings over EPO proceedings. This was an issue which might deserve consideration by the Court of Appeal. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 16 September 2022; Ref: scu.261462