The Business Law Reports
[2024] Bus LR 103
Court of Appeal
Industrial Cleaning Equipment (Southampton) Ltd
v
Intelligent Cleaning Equipment Holdings Co Ltd and others
[2023] EWCA Civ 1451
2023 Nov 13, 14;
Dec 6
Dec 6
King, Arnold, Nugee LJJ
Trade Mark— Infringement— Use— Defence— First defendant registering international trade mark with EU designation— Claimant bringing infringement action in relation to defendants’ use of mark— Defendants raising acquiescence defence— Whether period of acquiescence only starting to run when earlier trade mark proprietor having knowledge both of use of later mark and its registration— Whether court to depart from EU case law on running of time— Relevant registration date of international trade mark protected in EU—
Trade Marks Act 1994 (c 26), s 48
—
European Union (Withdrawal) Act 2018 (c 16), s 6(5A)
—
Council Regulation (EC) No 207/2009
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