Application for summary judgment in a claim for trade mark infringement.
Held: The application was refused. The term ‘consent’ used in the Regulation had an autonomous Community meaning and it required that the proprietor demonstrate unequivocally the renunciation of its exclusive rights. The demonstration might be implicit but if so, the evidence whther of facts or surrounding circumstances must not leave doubt. The defendant had failed to prove the claimant’s consent, and defence of estoppel was not available to it as a matter of law. Even so, the defences under articles 9 and 12 would not inevitably fail.
Judges:
Males J
Citations:
[2016] EWHC 809 (Ch), [2016] WLR(D) 186, [2016] Bus LR 808
Links:
Statutes:
Council Regulation (EC) No 207/2009
Jurisdiction:
England and Wales
Cited by:
Cited – Kogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 10 September 2022; Ref: scu.562461