WEDNESDAY, 13 MARCH 2013
MF7 dispute heads for CJEU ruling
A reference for a preliminary ruling has been made to the Court of Justice of the European Union in Case C-49/13 MF7, in which the referring court asks the following questions:
1. Is Article 3(2)(d) of the [Trade Mark] Directive to be interpreted as meaning that, for the assessment of whether a trade mark applicant acted in good faith, only circumstances apparent before the date or on the date of the submission of the trade mark application are relevant, or can circumstances which occurred after the application was submitted also be used as supporting evidence of the fact that the applicant acted in good faith ? 2. Is it necessary to apply the judgment in Joined Cases C-414/99 to C-416/99 [Zino Davidoff and Levi Strauss v Tesco and others] generally to all cases where it is being assessed whether a trade mark proprietor agreed to conduct which may result in weakening or limitation of his exclusive rights ?
This blogger doesn't know anything about this reference or the underlying dispute. Can any reader advise?
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