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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

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

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New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

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Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

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Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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