Analysis

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.

Roland Mallinson, the...

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