ECJ clarifies relation between infringement procedure and invalidation counterclaim
In Hansruedi Raimund v Michaela Aigner (C-425/16, October 19 2017) the European Court of Justice (ECJ) issued a preliminary ruling concerning the interpretation of Article 99(1) of Council Regulation 207/2009 on an EU trademark. It stated that an infringement action brought before a national court may not be dismissed due to trademark invalidity based on absolute grounds without that court having upheld the invalidation counterclaim brought by the defendant in that infringement action and based on the same invalidity grounds. The ECJ further ruled that a national court may dismiss an infringement action based on trademark invalidity even if the decision on the invalidity counterclaim had not yet become final (res iudicata).
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