We are very happy that we succeeded in bad faith case before the General Court!
As we all know trademarks cases based on bad faith are never obvious and easy. The bad faith is such complex legal concept that it is impossible to standardize and format it. This case proves that specific matter should be examined on a case by case basis in view of all the factual elements at hand.
The complexity of the bad faith trademarks was noticed by EUIPO that started convergence projects CP13 – ‘Trade mark applications made in bad faith’. On September, the working group discussed on the initial content of the first draft of the Common Practice. The working group agreed that the bad faith notion cannot be closed in a number of fixed scenarios. The bad faith cases show that we shall avoid the temptation to leave it to an algorithm to decide whether or not there is bad faith.
