IP Snapshot - April 2010

Bringing you monthly news of key developments in intellectual property law.

Pavel Maslyukov v Diageo Distilling Ltd and another (High Court)

The High Court has upheld a decision of the trade marks hearing officer that a trade mark applicant who applied for trade marks specifying malt whisky, the trade marks applied for being the names of distilleries formerly owned by Diageo, but now closed, had acted in bad faith. Having concluded that he was unable to decide on an appeal by Diageo against the hearing officer's refusal of Diageo's opposition on the basis of its right to prevent passing off, the judge nonetheless gave a detailed obiter judgment disagreeing with the hearing officer's decision on this point, setting out how goodwill can continue to subsist even where a business has ceased trading under the mark in question.