D. Jacobsen & Sons v Crocs Inc [2014] EWHC 987 (Ch)

30 January 2014

This was an interesting application by the defendant pursuant to Art 91 of the Community Designs Regulation for a stay of the proceedings pending an ongoing invalidity action in OHIM. The claim was one in threats relating to letters written in 2005, which had been subject to a previous voluntary stay pending different, earlier OHIM invalidity proceedings. The history of the proceedings were complex, and raised difficult issues concerning the scope of the stay provisions, and ECHR Art 6 aspects, although ultimately the Court decided the matter on much narrower grounds. Mark Chacksfield acted for the defendant and Jonathan Hill for the claimant.

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