Special Effects v. L’Oréal SA

Court

UK Court of Appeal

Our Position

Defendants should not be stopped from challenging the validity of a mark in defense to trademark infringement proceedings, where they made a similar but unsuccessful challenge in an opposition proceeding.

Outcome

With special mention of INTA’s participation as an intervener, the Court held that defendants’ unsuccessful challenge to the mark’s validity in an opposition did not bar defendants from challenging validity in an infringement action.

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