Organisation: New Balance

Mark owners must provide clear evidence of sales to defend expungement actions

In <i>New Balance Athletic Shoe Inc v Dajee NO</i>, the Supreme Court of Appeal has dismissed New Balance’s appeal against a decision of the registrar of trademarks to expunge the marks P-F FLYERS and P-F on the grounds of non-use. Among other things, the court noted that the evidence provided by New Balance did not include any invoices or delivery notes recording purchases or receipt of stock that was claimed to have been sold under the marks.

27 March 2012

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