New CJEU referral on interplay between bad faith and trade mark functionality
The IPKat
FEBRUARY 20, 2024
Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. The case concerns issues of bad faith and functionality in trade mark law.
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