Invalidity - bad faith Flashcards
1
Q
What’s the leading authority on bad faith?
A
Lindt - mixed subjective / objective test. Consider subjective factors and objective circumstances.
“incompatibility with accepted standards of honest or ethical conduct”
2
Q
What is the Sky / Skykick reference to the CJEU?
A
Whether:
(1) an application can be a mixture of good and bad faith; and
(2) it’s bad faith to apply for a mark in areas where once has no intention to use it
3
Q
Can bad faith be inferred?
A
Yes - IPC
4
Q
What is the authority from Frost?
A
That knowing of a pre-existing brand/mark and turning a blind eye to it can be bad faith
