The High Court of Ireland has overturned a recent decision of the IPOI in which an opposition by 'Diesel Ireland' to a trade mark filed by the fashion brand Diesel was upheld. An injunction was issued to restrain the unlawful use by 'Diesel Ireland' of the mark “Diesel,” before they revisited the issue of damages and costs.

This case showed that the concept of bad faith, where a dishonest intention can be shown, is a powerful one in trade mark proceedings. If bad faith is erroneously alleged, it should be refuted swiftly and decisively. Contemporaneous documents detailing the naming process, such as dated board meeting minutes, could be used in support of witness statements.

Mary White takes a look at the case in an article for the Wolters Kluwer Trade Mark Blog. You can read the full article here.