CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 15 JUNE 2011
Oral licence gives power to sue; oral use infringes
Tags: infringement, locus standi,
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Oral licence gives power to sue; oral use infringes
Ability to sue; liability for infringing -- It's all in the power of the mouth ...
Late last month, in Jean Christian Perfumes Ltd and another v Thakrar (trading as Brand Distributor or Brand Distributors Ltd) [2011] EWHC 1383 (Ch), 27 May 2011, John Baldwin QC, sitting as a deputy judge in the High Court for England and Wales, ruled that even an oral licensee of a Community trade mark can sue for infringement.This ruling arose from an action by the owner and licensee for infringement of the Community Trade Mark STUNNING for perfumes. In reaching his conclusion the judge observed that, even though Article 22(3) of the CTM Regulation provided that assignments of CTMs had to be in writing, there were no formalities with respect to licences. Accordingly Article 22(3), which provided that a licensee may bring proceedings for infringement if he had the consent of the owner, and Article 22(4), which permitted a licensee to intervene to recover damages in infringement proceedings brought by the owner, both suggested that an oral licensee could bring proceedings for infringement if he had the consent of the owner.
On the question of infringement, the judge considered that oral use of a trade mark could amount to infringing use, noting that Article 9(2) gave examples of use which could amount to infringement and that there was nothing to suggest oral use was excluded. On the evidence, there had been infringement the importation into the UK of unauthorised STUNNING goods manufactured in India.
Posted by: Blog Administrator @ 01.24Tags: infringement, locus standi,
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