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Court of Justice rules on compensation for infringement where trade mark revoked (AR v Cooper International Spirits LLC)

Court of Justice rules on compensation for infringement where trade mark revoked (AR v Cooper International Spirits LLC)
Published on: 27 March 2020
Published by: LexisPSL
  • Court of Justice rules on compensation for infringement where trade mark revoked (AR v Cooper International Spirits LLC)
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Article summary

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grace period following registration, even if they have not put the mark to genuine use in that period and the mark has been revoked.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. or take a trial to read the full analysis.

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