The Business Law Reports
[2023] Bus LR 532
Court of Appeal
Combe International LLC and another
v
Dr August Wolff GmbH & Co KG Arzneimittel and another
[2022] EWCA Civ 1562
2022 Nov 9, 10; 30
Newey, Simler, Arnold LJJ
Trade Mark— Infringement— Use— Defence— Statutory provision disentitling proprietor of earlier trade mark to relief after acquiescing in use of later mark for continuous period of five years— Whether proprietor’s cancellation action against later mark interrupting period of limitation— Whether broader context relevant in assessing effect of cancellation action— Whether continued rather than continuous use for five-year period sufficient to give rise to acquiescence defence— Level of use required— Whether proprietor’s honest and reasonable belief later mark no longer in use causing acquiescence to cease—
Trade Marks Act 1994 (c 26), s 48(1)
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