Bad faith — hard to swallow for Malaysia Dairy

By Kristy Hibberd

The Court of Justice of the European Union (CJEU) has given a ruling on the meaning of ‘bad faith’. Yakult has registered the design of a plastic bottle as a trademark in a number of countries, including member states of the EU. Since 1977, Malaysia Dairy has produced and marketed a milk drink in a plastic bottle in Malaysia.

In 1993, Malaysia Dairy and Yakult entered into a settlement agreement, which included obligations and restrictions on the use and registration by the parties of their respective bottles in various countries.

Yakult subsequently opposed Malaysia Dairy’s Danish application on the basis that Malaysia Dairy should have known of the existence of Yakult’s earlier identical marks…

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