MASLYUKOV v DIAGEO DISTILLING LTD
Abstract
H1 Trade mark—Application—Opposition—Opposition rejected on ground of earlier common law rights—Opposition successful on issue of bad faith—Appeal to High Court—Appeal to High Court by successful opponent seeking declaration that its objection of earlier rights was justified—Whether Court had jurisdiction to entertain appeal—Respondent’s notice asking Court to uphold registrar’s decision on additional ground of earlier rights—Whether opponent had established goodwill in earlier marks—Cessation of business—Residual goodwill—Likelihood of damage