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La Mer Technology Inc v Laboratoires Goemar SA

[2004] Case C-259/02

Case summary last updated at 01/02/2020 21:04 by the Oxbridge Notes in-house law team.

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

D was French company who made seaweed-based products, sold under mark ‘Laboratoires de la Mer’. C sought to have mark revoked in on grounds of non-use. D’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

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

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