IP-bits in Letters 22 June 2018 Trade Mark Invalidation and Infringement - Everything Matters (Presentation Slides)

7 Pages Posted: 9 Dec 2018

Date Written: June 22, 2018

Abstract

A trade mark infringement claim and, then, the invalidation of the trade mark as a counterclaim, is a traditional course of events. What is always new in this process that’s a set of steps to be taken by the parties engaged in the infringement-invalidation battle.

A French fashion house of luxury goods Christian Louboutin produces high-heeled women’s shoes which are featured by a red sole. The shoes have been sold in various counties around the world, and the house of Louboutin has registered the trade mark which protects ‘a sole in red’ for high-heeled women’s shoes.

Keywords: use of the trademark, clarity of the trademark, absolute grounds of the trademark refusal or invalidity

JEL Classification: K11, K21, K41, K33, K22, K23

Suggested Citation

Butriy, Olena, IP-bits in Letters 22 June 2018 Trade Mark Invalidation and Infringement - Everything Matters (Presentation Slides) (June 22, 2018). Available at SSRN: https://ssrn.com/abstract=3285055 or http://dx.doi.org/10.2139/ssrn.3285055

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