Lindt v Hauswirth

摘要

On 11 June 2009, the European Court of Justice handed down its judgment in case C-529/07 (Chocoladefabriken Lindt & Spriingli AG ("Lindt") v Franz Hauswirth GmbH ("Hauswirth"). This article offers guidance on how to determine whether a trademark registration has been sought in bad faith, where a third party had been using a confusingly similar sign prior to the application for registration of the mark in question.