[Guest post] Court of appeal The Hague: free-riding not possible if reputed brand has suffered continuous decline
The IPKat
AUGUST 4, 2023
C&S Designs (CS) is a competitor of Mexx and also sells clothes in the Netherlands under the brand ‘G-maxx’, which it registered as a EUTM for the goods of class 25 in 2016, the same year it started selling clothes under the brand. An interesting point was raised concerning the moment in time when reputation had to be assessed.
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