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European Union – Trade marks. The proceedings concerned a dispute over trade mark 'PINTEREST'. The claimant used the trade mark in relation to a social networking website and to applications. The first defendant applied to register the trade mark as a Community trade mark (CTM). The claimant brought a claim in the English court for passing off against the defendants. They applied to strike out or for summary judgment dismissing two issues raised by defendants' defence, only one of which was live. The defendants applied for a stay of the proceedings pending the final determination of the CTM application. The Chancery Division held that the registration of a CTM conferred no positive right to use that mark and did not provide a defence to a claim for passing off or unfair competition. In all the circumstances, it declined to stay the English proceedings. Allowing the English proceedings to proceed would produce commercial certainty in the UK much more quickly than the claimant's opposition to the defendants' CTM application would do.
European Union – Trade marks. The proceedings concerned a dispute over trade mark 'PINTEREST'. The claimant used the trade mark in relation to a social networking website and to applications. The first defendant applied to register the trade mark as a Community trade mark (CTM). The claimant brought a claim in the English court for passing off against the defendants. They applied to strike out or for summary judgment dismissing two issues raised by defendants' defence, only one of which was live. The defendants applied for a stay of the proceedings pending the final determination of the CTM application. The Chancery Division held that the registration of a CTM conferred no positive right to use that mark and did not provide a defence to a claim for passing off or unfair competition. In all the circumstances, it declined to stay the English proceedings. Allowing the English proceedings to proceed would produce commercial certainty in the UK much more quickly than the claimant's opposition to the defendants' CTM application would do.
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