The witness
The witness
Given the abandonment of their allegation of infringement, the claimants took the view that little of the evidence filed was of relevance. They elected not to cross-examine the defendants’ witnesses.
The claimants’ witness was cross-examined: Alan Lubinsky, who is the beneficial shareholder and the Managing Director of Acedes and the controlling shareholder of AC Cars. Mr Lubinsky was a good witness, giving clear and direct answers.
- Heading
- Judge Hacon
- The broad issues
- The witness
- The law on trade mark validity
- The issues arising from the application for a declaration of invalidity
- Whether CSL is a licensee under the Ford Cobra Marks
- Statutory requirements of a trade mark licence
- Construction of a written licence
- Discussion
- Whether the use provisions of s.47 were satisfied
- Genuine use under s.47 (2B)
- Discussion
- Whether either s.5(2) or 5(3) obtains
- Section 5(2)
- Section 5(3)
- Whether Ford acquiesced in the use of the AC Cobra Mark under s.46(1)
- The law
- Discussion
- Whether the AC Cobra Mark stands to be revoked for non-use
- Conclusions
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