The Business Law Reports
[2010] Bus LR 1465
Court of Appeal
Hotel Cipriani Srl and others v Cipriani (Grosvenor Street) Ltd and others
[2010] EWCA Civ 110
2010 Jan 13–
15;
Feb 24
Feb 24
Jacob, Lloyd, Stanley Burnton LJJ
Trade mark— Validity— “Bad faith”— “Own name” defence— Passing off— Groups of hotels and restaurants with same substantive name— Claim for infringement of Community trade mark— Counterclaim that Community trade mark invalid— Whether trade mark application made in “bad faith”— Whether “own name” defence applying to third party’s trading name— Whether use “in accordance with honest practices”— Whether requirements of passing off made out where business based abroad having reputation in United Kingdom—
Council Regulation (EC) No 40/94, arts 12(a), 51(1)(b)