Use of EUTM by third party may constitute genuine use even where proprietor's consent must be deduced

European Union

In Windrush AKA LLP v EUIPO, the General Court has upheld a decision of the First Board of Appeal of the EUIPO in which the latter had found that there was genuine use of the mark THE SPECIALS for CDs. The court found that the board had rightly deduced that there was consent on the part of the trademark owner – the founder of UK band The Specials – to use of the mark by a record company.

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