Litigation Letter
Concurrent use of same trade mark
Budejovicky Budvar, národní podnik v Anheuser-Busch Inc; Case C-482/09 ECJ, 31 October 2011
The proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use,
of which he had been aware, by a third party of a later trade mark identical with that of the proprietor if that proprietor
was not in any position to oppose that use.