Regents University v Regent’s University London [2013] EWPCC 39, [2013] All ER (D) 50 (Sep)
When considering an application to stay under art 104 of Council Regulation (EC) 207/2009 (on the Community Trade Mark), the first task was to identify what, if any, “special grounds” there were in the case of the kind referred to in art 104(1) of the Regulation, and if there were any, to ask whether they were sufficiently compelling to outweigh the strong presumption in favour of granting a stay. In doing so, it was necessary to bear in mind both the underlying rationale of art 104 of the Regulation (to minimise the risk of irreconcilable judgments) and also the potential availability in an appropriate case of protective and provisional measures under art 104(3) of the Regulation.
