Judgment_paragraph 41 · Airhole Facemasks, Inc. v European Union Intellectual Property Office (T-107/16)

41Furthermore, it must be added that sindustrysurf’s attitude following the filing of the contested mark tends to bear out the assessment that it sought to usurp the applicant’s rights. First, it is apparent from the information in the file that sindustrysurf did not inform the applicant of either the filing of the contested mark or of its registration in its own name. That information was brought to the applicant’s attention only when it enquired about the protection of that mark. Secondly, sindustrysurf expressly undertook, in the correspondence which took place after the contested mark had been filed, to transfer that mark, but never did so. Thirdly, some weeks after relations with the applicant had deteriorated, sindustrysurf gave the applicant and the other distributors of its goods in the European Union notice to cease using the contested mark, failing which it would bring infringement proceedings.