- Court of Justice rules on compensation for infringement where trade mark revoked (AR v Cooper International Spirits LLC)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Justice has held that Member States may legislate for trade mark proprietors to be able to claim compensation for acts of trade mark infringement (in respect of the use of a similar sign in connection with identical or similar goods or services which is liable to cause confusion) which occur in the five-year grace period following registration, even if they have not put the mark to genuine use in that period and the mark has been revoked. However, the court held that the lack of use should be taken into account when calculating the level of damages for infringement.
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