La Mer Technology Inc v Laboratoires Goemar SA [2004] Case C-259/02
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:45 UTC
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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