Susanna Heurung examines a decision by the European Court of Justice concerning the ending of a period of ‘acquiescence’ in a trademark case and what it means for potential plaintiffs
In a recent judgment, the European Court of Justice (ECJ) has clarified under which conditions a cease and desist letter can interrupt forfeiture periods (ECJ GRUR 2022, 986 – HEITEC). According to the ECJ, this should only be the case for actions and warning letters that are aimed at achieving a legally binding solution and have been implemented with due diligence.
This text is part of a press release from Managing IP. The contribution can be found here.