Hotel Cipriani SRL v Cipriani (Grosvenor Street) Ltd

摘要

H1Trade 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