The need to avoid conflict between trade marks registered in more than one country within the community was not dealt with by the Directive, but regard had to taken of the Convention. The Cour d’Appel had issued a final judgment in proceedings for registration of the mark in France.
Held: An English court was not required to reject an action for infringement in the UK courts because of the French proceedings. Those proceedings had concerned a French national mark. The proceedings in England concerned a community mark. The marks were not identical, and the requirements of article 105 were not satisfied. Appeal dismissed.
Judges:
Kennedy, Potter, Chadwick LJJ
Citations:
Times 19-Apr-2003, [2003] EWCA Civ 327, Gazette 22-May-2003
Links:
Statutes:
Community Trade Mark Regulations (40/94/EEC of December 20, 1993) 105(2), Brussels Convention on the Jurisdiction and Enforcement in Civil and Commercial Matters 1968, Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Citing:
Appeal from – Prudential Assurance Company Ltd v Prudential Insurance Company of America ChD 11-Apr-2002
The claimant sought to restrain the defendant from use of certain names when trading in the UK. The defendants challenged the jurisdiction of the court. The judge rejected the UK claimant’s submission, that by applying to strike out the claims on . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 07 June 2022; Ref: scu.180886
