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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on February 11, 2009
Reports of Patent, Design and Trade Mark Cases 2009 126(4):209-281; doi:10.1093/rpc/rcp002
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© Crown Copyright

[2009] R.P.C. 9

Hotel Cipriani SRL v Cipriani (Grosvenor Street) Ltd

High Court of Justice (Chancery Division)

(Arnold J.): 28–31 October, 3–7 November and 9 December 2008

[2009] EWHC 3032 (Ch), [2009] R.P.C. 9

Trade mark—Community trade mark—"CIPRIANI" used for hotel in Venice—Defendants’ use of sign in relation to restaurant in United Kingdom—Infringement—Likelihood of confusion—‘Own name’ defence—Whether use in accordance with honest practices—Validity—Whether CTM application made in bad faith—Whether bad faith to apply for mark where third parties use same distinctive feature—Well known mark—Criteria for assessment—Whether likelihood of confusion

Passing Off—Reputation—Goodwill—Foreign hotel—Whether sufficient to have customers in the United Kingdom—Misrepresentation—Relevance of presence or absence of actual confusion


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