When I worked for VISA in 1984 I believe I had lunch at the Hotel Cipriani in Venice. I can’t remember a vast amount about it other than that one had to take a boat trip. The food was OK though it can’t have been all that outstanding because I can’t remember what I ate. By contrast, I can remember every morsel of a meal at The Auberge de l’Il in Alsace. Having said that I have always been a bit down on Venice (Sorry Jan Morris) for various reasons. Not least the proclivity of the the local dustmen to clatter their bins at about 3 AM and carry on a conversation at the top of their voices every day without fail when I had to get up early to do a day’s work.
“It was in 1879 that James LJ observed that ‘the very life of a trade mark depends on the promptitude with which it is vindicated’, Johnston v Orr-Ewing (1879) 13 Ch.D 434 at p. 464. Nothing has changed. Like gardens trade mark cases always get worse with neglect – even if rights are not actually lost, delay is apt to turn what would be over in a few weeks by a quick application into a mini State Trial. As here.”
- there was no likelihood of confusion because there had been no instance of confusion in the market place;
- they were merely using their own name in accordance with art 12 of the Community trade mark regulation; and that
- the Community trade mark registration was invalid because it had been obtained in bad faith.