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Mitsubishi case: when marketing debranded goods in the EEA constitutes trademark infringement

(C-129/17 Mitsubishi v. Duma Forklifts and G.S. International BVBA – July 25, 2018) Background Duma and GSI have acquired from a company within the Mitsubishi group, outside the EEA, forklift trucks that they bring into EEA territory where they place them under a customs warehousing procedure. They then remove from those goods all the signs identical…

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Trademark owners: check now your trademarks evidences of use!

In recent months, we have seen an increased number of administrative cancellation actions for non use against our clients’ trademarks, mainly at EUIPO level. However, in the context of these actions, we have repeatedly noted that either the “attacked” trademarks are not exploited optimally or, in the vast majority of cases, that the proof of…

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