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The trademark Schweppes has its origin in United Kingdom. Initially it was registered in the name of Cadbury Schweppes (owner back in time of all the SCHWEPPES´s trademarks in all countries conforming the European Economic Area). Afterwards, Cadbury sold to Coca Cola in some territories of the EU the ownership keeping among others, Spain. Cadbury Schweppes merged into the French company Pernord Ricard, creating a new entity named Orangina Schweppes Group. This company was lastly bought by the…

The appellant, SWEMAC Innovation AB, filed an EUTM application on October 2, 2007, for the word mark SWEMAC in Class 10 and 42. The trademark was duly registered on September 4, 2003. On September 3, 2013, SWEMAC Medical Appliances AB filed a partial nullity action pursuant to Article 60.1, c) of Regulation 2017/1001. The claim was relied on the Swedish company name SWEMAC Medical Appliances AB, registered as a business as from December 12, 2007. The applicant argued that there was likelihood…

In 1978, the appellant and the interveners in the current legal proceedings, obtained a premise in Ibiza as to start a business (bar) in this same place named “Café del Mar”. In 1992, the intervener applied for the trademark registration for the first time Café del Mar. Afterwards, both parties created the legal entity and the intervener was named as Proxy-Holder as to act in the name and in representation of the legal entity. Among others

The claimant entity, Schibsted (a web portal aimed to the creation, management and exploitation of websites publishing advertisements, and in particular, the website Coches.net), filed a lawsuit against the entity Autodescuento because of copyright and trademark infringement and unfair competition acts.

On June 16 2010, the applicant, Gibson Brands Inc., filed an application for a tridimensional EU trademark which represented the shape of a guitar body as follows

En el año 2007, la sociedad sueca Norrtelje Brenneri Aktiebolag registró, para bebidas alcohólicas de la clase 33 del Arreglo de Niza como marca nacional el signo denominativo y figurativo siguiente (en lo sucesivo, «marca anterior»):

The ADIDAS group, filed an application for a figurative EU trademark dated December 18, 2013 which represents three vertical parallel black stripes

The matter of the proceeding relates to the use by the defendant of its registered name Tot Print Maestrat, S.L., as a trade name (including as internet domain www.totprint.es) for covering the sales activity relating to certain goods and services, which the plaintiff also covers on the same relevant market by means of trademarks (“Totprint”) similar to said registered name of the defendant. The following facts stand out: a) prior to the plaintiff’s trademark registrations, the defendant’s…

Although the time for declaring the criterion selected for quantifying damages may be deferred to the allegations stage, it cannot by any means jeopardize the rights to claim, defense, and submission of evidence corresponding to the other party to the proceeding.

Article 8.1 of Directive 2004/48. Judgement of the Court of Justice (Ninth Chamber), 18 January 2017, in Case C-427/15 NEW WAVE CZ, a.s. & ALLTOYS, spol. s.r.o.

The claim leading to the lawsuit between two undertakings in the tool sector suggests the existence of acts of deception consisting of the press release issued by Bellota, one of two undertakings in the case, claiming that it was the first undertaking in the sector to obtain the “Q de oro” award.

Mitsubishi, established in Japan, is the proprietor of a number of trade marks, including the EU word mark MITSUBISHI, for, inter alia, goods in Class 12 of the Nice Agreement, including motor vehicles, electric vehicles, and forklift trucks.