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IP Information & News

28 April 2017

Decision of the General Court of the European Union - Regent University

The General Court of the European Union has recently handed down a decision in part of the long running dispute between Regent's University London and the US based Regent University.  The dispute is centred around the change of name of Regent's College to Regent's University London following it obtaining University Status in 2012. 

In response to a threat of trade mark infringement proceedings an application to cancel the US institution's EU registration was filed at what was then OHIM based on Regent's University London's prior rights based on both earlier trade mark registrations and prior use.  The General Courts has now agreed with both the Cancellation Division and the Board of Appeal that Regent University's registration should be removed from the Register. 

Unless the decision is further appeal to the full Court of Justice this decision will also bring the currently stayed U.K. Infringement proceedings to an end.   The case, which is being led by UDL, demonstrates that although the so called "OHIM torpedo" has tactical value as in the U.K. as it can stop infringement proceedings in their tracks for several years it can also, when used properly bring infringement proceedings to a conclusion through an action before the Office.