Supreme Court: defendant acted in bad faith when registering mark identical to appellant's foreign mark

Iceland

In Samba LLC v Sushisamba ehf, the Supreme Court has upheld Samba LLC’s claim for the cancellation of Sushisamba ehf’s registration for the mark SUSHISAMBA. Among other things, the Supreme Court found that Samba LLC had proved beyond doubt that Sushisamba ehf knew or should have known of the existence of Samba LLC's foreign mark when it registered its own mark, and had acted in bad faith under Article 14, Paragraph 1, Item 9 of the Trademarks Act.

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