| | Supreme Court of Ireland affirms decision to refuse application to register (Site not responding. Last check: 2007-11-04) |
 | | The applicant claimed that the opponent's date of first use of the "Diesel" trade mark in Ireland (claimed as the 10th of May, 1982), was considerably later than the first user by the applicant or its predecessor. |
 | | On Montex Holdings' appeal to the High Court, the learned High Court judge, in a purported exercise of discretion under Section 25 of the 1963 Act, refused registration on the ground that there was a lack of bona fides in the plaintiff's proposed user of the mark. |
 | | There was ample evidence before the hearing officer and again before the High Court to justify a finding of likelihood of confusion and, therefore, unless the appellant is correct in the submission that there has to be the element of blameworthiness, the appeal must clearly be dismissed. |
| www.wptn.com /tmrk_011_vol4is6.htm (1238 words) |