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Thursday 19th
January 2023
4.00 pm-5.00 pm CET

Vintage Brands and the New Bad Faith Conundrum

Global Digital Encounters 24

Objectives

We all know the cases of brands that, after having experienced a time of great success, have been phased out but live on in consumers’ memories. Time after, someone rescues them for a second successful life: the vintage brands. Can / Should these marks be canceled? In whose interest can the continuation of their protection be justified? Does this depend on the time that lapses between cessation of use and brand revival? Is bad faith the correct tool for dealing with brand revival? Does an assumption of bad faith clash with the necessity to use marks to maintain their protection? Does the reason for the original cessation of use have an impact on the assessment of bad faith? (purely commercial/socio-economic/political/generational reasons?) What can brand owners actively do to maintain the protection of previously well-known brands that are discontinued (aside from using – and genuinely so!)? These and other fascinating questions will be discussed in our 24 Global Digital Encounter.

Report

Meet the Panel

Prof. Dr. Annette KUR

Affiliated Fellow at the Max-Planck-Institute

Verena VON BOMHARD

Founding Partner at BomhardIP

Philipp VON KAPFF

Member of EUIPO’s Boards of Appeal in Alicante

Moderator: Dr. mr. Anke MOERLAND

Associate Professor of IP Law, Maastricht University

Countdown!

GDE 24: Vintage Brands and the New Bad Faith Conundrum

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About our Speakers

Annette Kur

Held a tenured position as senior member of research staff and Head of Unit at the Max-Planck-Institute (MPI) for competition and Innovation until her retirement in 2015 and continues to work as an affiliated fellow at the MPI. She is also a honorary professor at the University of Munich (LMU), and she holds honorary doctor degrees from the University of Stockholm and the Hanken School of Economics in Helsinki. She is the author of books and numerous articles in the field of national, European and international trademark, unfair competition and industrial design law as well as international jurisdiction and choice of law.

Verena von Bomhard

Dr. iur, German attorney practicing in Alicante, Spain, where she has been located since 1996 to focus on EU trademark and design law. Verena has extensive experience in all matters relating to EUTMs and designs from handling uncountable proceedings before the EUIPO, the GC, and the CJEU, and providing advice on availability and enforcement of such rights. A frequent author and speaker on IP law, she also teaches EU trademark law at the Munich Intellectual Property Law Center and at the University of Alicante.

Philipp von Kapff

One of the longest serving member of EUIPO’s Boards of Appeal in Alicante. He has published numerous contributions in trade mark law for specialized reviews and books, inter alia the Concise European Trade mark law (3rd edition). Before joining the EUIPO in 1998, he worked in a French law-firm in Lyon. He is a qualified lawyer in Germany and in France, studied law in Freiburg, Geneva and Göttingen and holds a DESS degree in European Law from Lyon III.

Dr. mr. Anke Moerland (LL.M.)

Associate Professor of Intellectual Property Law in the European and International Law Department, Maastricht University. She holds a PhD on Intellectual property protection in EU bilateral trade agreements from Maastricht University. Her educational background is in political science (International Relations) and law. Anke has published widely on IP law and policy, with a particular focus on IP law between new technologies and tradition. In that light, she is at the forefront of discussing the implications of AI for trade marks, how GI protection can contribute to innovative products that at the same time preserve tradition, and how copyright rules foster the preservation and digitization of cultural heritage. Between 2018 and 2020, she held a visiting professorship at Queen Mary University of London on Intellectual Property Law, Governance and Art.

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