BUDEJOVICKY BUDVAR NP v ANHEUSER-BUSCH INC
2013; Oxford University Press; Volume: 130; Issue: 5 Linguagem: Inglês
10.1093/rpc/rct032
ISSN1756-1000
Tópico(s)Intellectual Property Law
ResumoH1 Trade Mark – Invalidity – Identical trade mark – BUDWEISER – Identical marks entered on the register on the same date and for identical goods in the name of different proprietors – Acquiescence – Honest concurrent use – Whether proprietor of earlier trade mark could prevail where honest concurrent use of long duration and mark relied upon did not signify proprietor’s goods alone – Reference to Court of Justice of the European Union – Application of Court of Justice’s ruling by Court of Appeal – Whether later registration had an adverse effect on the essential function of the earlier one – Nature of the guarantee of origin afforded by a registration where honest concurrent use of long duration of identical mark for identical goods – Whether concurrent use only relevant where confusion de minimis – Burden of proof in establishing adverse effect – Whether honest concurrent use case as now advanced could be raised for the first time on appeal to Court of Appeal – Whether procedural unfairness – Whether case should be remitted to Registry for further evidence
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