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Tactical trade marks and bad faith bunnies?
  • Gowling WLG
  • Austria, United Kingdom, European Union
  • August 27 2009

The European Court of Justice (ECJ) had provided guidance to the national Austrian court as to the factors to be considered when determining whether a registration applied for in the knowledge that other very similar marks were being used in the Community is to be considered as having been made in bad faith.

The ECJ provides further re-packaging guidance in the Zovirax parallel imports case
  • Gowling WLG
  • Austria, European Union
  • February 18 2009

In The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-27605) the European Court of Justice (ECJ) has confirmed that where the re-packaging of trademarked goods has been established to be necessary there is only one criterion to be fulfilled in respect of the nature of the re-packaging.

Gordon Harris
  • Gowling WLG