Sentences with phrase «trade mark infringement where»

The London Taxi Company lost a case for trade mark infringement where the defendants succeeded in their allegations for invalidly registered trade marks

Not exact matches

The Court of Appeal decided that a reference to the CJEU was necessary as, although the decision of the Bundesgerichtshof was persuasive (as it is the highest civil court in Germany), the meaning of «the Member State where the act of infringement has been committed» in Art. 97 (5) / 125 (5) of the EU Trade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringeTrade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringemMark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringetrade mark in Country B, would give rise to there being no jurisdiction at all for such infringemmark in Country B, would give rise to there being no jurisdiction at all for such infringement.

Even without any economic harm to the trade mark owner, where the only purpose of the use of the lookalike is to exploit the reputation of the market leader in order to benefit and promote the sale of the lookalike that will confer an unfair advantage and amount to trade mark infringement.»

The action was appealed to the French supreme court (the Cour de Cassation), who stayed proceedings and referred three questions to the ECJ concerning whether a trade mark proprietor can invoke trade mark infringement principles to prevent the sale of licensed goods to discount stores where the licence agreement prohibits such sales and the further commercialisation of the goods.