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Hasbro Suit Throws Wrench In Evergreening TM Management
Law360, London (April 22, 2021, 10:19 PM BST) A European court s new ruling that Hasbro acted in bad faith by refiling for Monopoly trademarks to avoid proving they had been in use could curb a controversial practice known as evergreening, intellectual property lawyers say.
The toy giant had argued to the European Union s General Court that its practice reapplying for trademarks before the end of the five-year period given to companies to show use is a common industry practice and more efficient administratively.
The Luxembourg-based court, however, saw it differently, calling Hasbro s filing strategy an abuse of law and partially invalidating a 2010 trademark registration.