‘Is it bad faith to “pay homage” to a fashion brand of the past? Not necessarily, says the EU General Court’

“There are brands that, after a successful run, fall into oblivion. Then, several years later, they are revived and experience renewed success. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. What happens, then, if a few years later someone attempts to register a trade mark that intends to pay homage to and corresponds to one of these dormant brands? Can this be regarded as a case of bad faith? …” (more)

[Eleonora Rosati, The IPKat, 13 July]

First posted 2022-07-14 13:00:15

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