Bad Faith and Intent to Use

According to Austrian law, reasons for trade mark invalidity, such as bad faith, can be raised as defences in an infringement action. Such defences have to be decided as preliminary questions. For deciding on bad faith we have two decisions of the CJEU (Court of Justice of the EU) as guidance, namely C529/07 Chocoladefabriken Lindt … >> read more

01.02.2015

“Withdrawal of Consent to Use”

An inventor (plaintiff) has concluded a contract with a firm (defendant) to market together his invented product under his trade mark. The contract was concluded for an unlimited period without clauses for termination. The firm made substantial investment in tests and development of prototypes to make the product fit for the market. But after some … >> read more

01.05.2014
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