FAUN Trackway Limited (FAUN Trackway®) has successfully settled a trademark dispute with Ashtead Plant Hire Company (A-Plant), which recognises FAUN’s registered Trademark TRACKWAY®.
A-Plant filed an EUTM Application for ‘LIVE TRACKWAY’ and was using the term TRACKWAY® on its website and publicity materials. FAUN Trackway® opposed the EUTM Application based on its earlier rights in the mark TRACKWAY®.
The parties have reached a mutually satisfactory and amicable settlement.
A-Plant has now withdrawn the EUTM application for ‘LIVE TRACKWAY’, and ceased using the term TRACKWAY® on all website and publicity materials. The full terms of the settlement are confidential.
“We are pleased to have achieved this settlement, which is a positive for both parties and our respective customers, partners and industry. Removing the threat of opposition proceedings and litigation, we can now direct our full attention on our respective businesses,” said Chris Kendall, CEO of FAUN Trackway.
FAUN Trackway is the proprietor of a number of trademarks, including:
• EU009117417 – EU Registered. Classes 6, and 12
• EU010036911 – EU Registered. Classes 19, 37, and 42
• EU010036887 – EU Registered. Classes 6, 12, 19, 37, and 42
• EU010036895 – EU Registered. Classes 6, 12, 19, 37, and 42
• 4471251 – US Registered. Classes 6, 12, 19, 37, and 42
• 4440642 – US Registered. Classes 6, 12, 19, 37, and 42
• 4446041 – US Registered. Classes 6, 12, 19, 37, and 42
The settlement reflects the importance of retaining valid and protected intellectual property rights.
FAUN Trackway was represented in the EUIPO by Brabners.