5 articles on trademarks.
The General Court upheld invalidation of “La Irlandesa” for bad faith, finding the applicant intended to exploit Irish-origin associations despite selling non-Irish goods, reflecting dishonest commercial intent at filing.
EUIPO Board of Appeal held that re-filing of similar trademarks does not automatically constitute bad faith absent evidence of intent to circumvent proof of use rules or lack of commercial logic in the application.
EWCA in Sky v SkyKick held that lack of intention to use a trademark does not automatically constitute bad faith; assessment depends on all circumstances, including commercial justification, trademark scope, and consistency with honest trade practices.
EUIPO Cancellation Division invalidated Banksy-related figurative trademark for bad faith, finding filing aimed at circumventing copyright enforcement limits and genuine use requirements while preserving anonymity rather than functioning as a source identifier in trade.
General Court rejected Hasbro’s challenge, holding that re-filing identical MONOPOLY trademarks for identical goods constituted bad faith where intended to extend grace period and circumvent genuine use requirements under trademark.
The blog is for informational purposes. The articles published on this blog, current at the date of publication set out above, are for reference purposes only and do not constitute legal advice. Specific legal advice about your specific circumstances should always be sought separately before taking any action.
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