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Article: Daimler Loses Mercedes-Benz Trade Mark Case.
- Article from:
- Mondaq Business Briefing
- Article date:
- November 5, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The High Court has found that the well known Mercedes-Benz three pointed star trade mark is not infringed by a similar three pointed star trade mark owned by Sany, a Chinese manufacturer of construction machinery. Sany's counterclaim for part cancellation based on non use by Daimler was also rejected. This case is one of the first to apply the ECJ's decision in L'Oreal -v-Bellure, Case C-487/07 concerning infringement of marks with a reputation by taking an unfair advantage. The case also highlights an important difference in practice between the Intellectual Property Office in the UK and OHIM concerning the classification of goods and services.
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