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05 March 2010
Issue: 7407 / Categories: Case law , Law digest
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Trade marks

Hotel Cipriani SRL and others v Cipriani (Grosvenor Street) Ltd and others [2010] EWCA Civ 110

If an application to register a Community Trade Mark (CTM) was made in bad faith, then under Art 51(1)(b) of Council Regulation 40/9/EEC the registration was to be declared invalid. Attention was to be focused on the position at the time of the application for registration, and the intention and state of mind of the applicant at that time, although they were subjective factors, they were to be determined by reference to the objective circumstances of the particular case.

A CTM did not entitle the proprietor to prohibit a third party from using in the course of trade his own name or address, provided that the third party used them in accordance with honest practices in industrial or commercial matters. Using an established trading name might well satisfy the test of honest use, whereas to adopt a new corporate or trading name for a business which conflicted with an existing registered trade mark was unlikely to do so.

The mischief of a misleading name, was to be dealt with by reference

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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