We were instructed on behalf of a new automotive client about trade mark and passing off proceedings in the Intellectual Property Enterprise Court (IPEC).
Our client used to be an authorised distributor of a spray-on polymer coating product owned in the US but now owned differently in Europe. The third party European owner of the trade mark issued proceedings for trade mark infringement, passing off and copyright infringement.
This complicated case involved looking at brand splitting issues and also the extent to which it is permissible to use a sign for descriptive purposes only to reference particular goods and services. We advised about how to resolve the issue and prevent the court action.
This was successfully achieved with a confidential settlement reached through mediation, which set out the parameters for future use and drew a line under the IPEC proceedings.
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