This Katfriend notes that a somewhat more nuanced view of the issue of burden of proof for consumption of trade mark rights was recently set out by the Court of Justice of the European Union in C-367/21, Hewlett Packard Development Company LP v Senetic S.A., EU:C:2024:61 (see IPKat post here) but the facts of that case was different from this case in many aspects.The court also obiter confirmed that Tissot had the right under Article 15(2) of the EU Trade Mark… [read post]