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15 March 2013
Issue: 7552 / Categories: Case law , Law digest , In Court
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Trade mark

Stichting BDO and other companies v BDO Unibank, Inc. and other companies [2013] EWHC 418 (Ch), [2013] All ER (D) 39 (Mar)

It was established law that: (i) genuine use meant actual use of the mark by the proprietor or a third party with authority to use the mark; (ii) the use had to be more than merely token; (iii) the use had to be consistent with the essential function of a trade mark; (iv) the use had to be by way of real commercial exploitation of the mark on the market for the relevant goods or services; (v) all the relevant facts and circumstances had to be taken into account in determining whether there was real commercial exploitation of the mark; (vi) use of the mark did not need always to be quantitatively significant for it to be deemed genuine; (vii) the tribunal’s first task was to find as a fact what goods or services there had been genuine use of the trade mark in relation to during the relevant period; (viii) the tribunal had to

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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