Reports of Trade Mark Cases for CIPA January 2023

Written By

katharine stephens module
Katharine Stephens

Partner
UK

I am fascinated by IP and the challenge of helping my clients protect, exploit and defend their IP rights to further their business objectives.

aaron hetherington Module
Aaron Hetherington

Associate
UK

I am a Chartered Trade Mark Attorney in our London Intellectual Property team, specialising in brand management.

This month, we report on the CJEU’s decision in Christian Louboutin v Amazon Europe Core Sàrl, & Ots (AG Szpunar for the CJEU; Joined cases C 148/21 and C 184/21; 2 June 2022) on the liability of online marketplaces regarding third parties' commercial offerings. We also summarise the decision in Gnat and Company Ltd & Anr v West Lake East Ltd & Anr (Judge Hacon; [2022] EWHC 319 (IPEC); 16 February 2022) regarding honest concurrent use. Finally, we summarise the High Court’s decision in Montres Breguet SA & Ots v Samsung Electronics Co. Ltd (Falk J; [2022] EWHC 1127 (Ch); 20 May 2022) on trade mark infringement.

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