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La Mer Technology Inc v Laboratoires Goemar SA [2004] Case C-259/02

By Oxbridge Law TeamUpdated 04/01/2024 07:13

Judgement for the case La Mer Technology Inc v Laboratoires Goemar SA

Table Of Contents

  • Defendant was French company who made seaweed-based products, sold under mark ‘Laboratoires de la Mer’.

  • Claimant sought to have mark revoked in on grounds of non-use.

  • Defendant’s only sales were worth £800 to one Scottish buyer.

Held

  • On facts, use of mark was genuine use.

  • Sufficed that there was a genuine attempt to sell goods bearing the mark

    • Fact that attempt was unsuccessful and that goods had not reached attention of consumers irrelevant.

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446 total pages
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My notes cover all the main cases in intellectual property law. They a...