Journal Article

The own-name defence and bad faith registration

Stuart D'Aloisio

in Journal of Intellectual Property Law & Practice

Volume 4, issue 4, pages 240-241
Published in print April 2009 | ISSN: 1747-1532
Published online April 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp007
The own-name defence and bad faith registration

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The High Court for England and Wales has considered the application of the ‘own-name defence’ to registered trade mark infringement and the circumstances in which a Community trade mark registration may be declared invalid due to the applicant's bad faith. Favouring a narrow interpretation of the own-name defence that requires a legal entity to use its exact name, without any modification, the Court also held that applying to register a Community trade mark, while being aware that others in Europe were using an identical or similar mark for identical or similar goods and services, did not of itself amount to bad faith.

Journal Article.  1391 words. 

Subjects: Arbitration ; Intellectual Property Law

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