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Defences in Trademark Law

Abstract

This presentation provides an in-depth overview on the defences in trademark law. In both patent and trademark law priority is essential. In patent law you may continue to make use of a technology if you can show that you were using this technology before priority date. In the trademark law there is no equivalent. Only defence is available: trademark was registered in bad faith. Further the presentation goes into detail on the classical defences in trademark law.

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Document type: IP Document
Categories: Civil law/procedures | Trademarks
Activity Title: 2008 International Conference on Judicial Protection of IPR
Activity Date: 09 Jul 2008 to 11 Jul 2008
Location: Shanghai, China
Expert / Author / Speaker: Chief Judge Joachim Bornkamm
Case Law: BGH, Judgment of 10 April 2008 -I ZR 164/05 - Audison, BGH, Judgment of 1 April 2004 -I ZR 23/02 -Gazozm, BGH, Judgment of 15 July 2005 -I ZR 37/01 -Aluminumräder, BGH, Judgment of 7 Oct 2004 -I ZR 91/02 – Lila-Schokolade, BGH, Judgment of 8 Feb 2007 -I ZR 71/04 – Bodo Blue Night, BGH, Judgment of 10 Jan 2008 -I ZR 38/05 -Akademiks
Related Legislation: Trade Mark Law, Article 11-18 Community Trademark Regulation
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