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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

Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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