Bad faith application: Gleissner personally liable to Samsung

The Koton case, which has just been discussed, provides a stepping stone to stop parties that systematically file trademarks of third parties (both for similar and completely different goods). The now infamous Michael Gleissner is the worst example of this practice with a web of companies. The District Court of The Hague found Gleissner personally liable to Samsung, in light of Samsung's new trademark BIXBY.

Gleissner's company EBB had registered the Benelux brand BIBBY. In doing so, it had invoked the priority of an unpublished Pakistani trademark application. This would have been filed just before the announcement of Samsung's new trademark BIXBY. The court does not say whether the application in Pakistan had actually been made earlier. For the assessment of bad faith at the Benelux depot, it is not the priority of the Pakistani trademark application that is leading, but the date of the Benelux application itself. EBB and Gleissner were in bad faith at the time, in view of Samsung's massive announcement of BIXBY. So that ship has sailed. The court declared the Benelux trade mark BIBBY null and void.

Maarten Haak