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DeutschTrademark infringement. Internet advertising system by referencing (Adwords).
Grupo Ilusión de Ortodoncistas, S.L. brought a number of actions against Laboratorio Lucas Nicolás, S.L., owner of the website www.clinicasvitaldent.info/VitalDent, based on infringement of the trademark "Clínicas Ortodoncis". The defendant used the applicant's trade mark as an adword to redirect to a result advertising the defendant's franchise network of dental clinics, preceded by the applicant's own trade mark. The services offered by the defendant on its website (Vitaldent) to which the…
PHILIP MORRIS engaged in acts of unlawful advertising of the IQOS device and HEETS tobacco falling within Article 18 Unfair Competition Act.
FACTUAL BACKGROUND The present case arises out of the lawsuit brought by ALTADIS, S.A. ("ALTADIS") against PHILIP MORRIS SPAIN, S.L. ("PHILIP MORRIS"), exercising the declaratory action for unfairness and the actions for cessation, prohibition of future repetition and rectification provided for in article 32 LCD. The claim arose from the appearance in the printed and digital press, since January 2017, of information (advertorials, coverage of presentation events, company news, interviews with…
Design invalidity proceedings: Disclosure of prior design and lack of individual character.
Litigation Background Fabryki Mebli "Forte" S.A., the applicant, on 17 September 2013, applied to the EUIPO for the following Community design, which was granted on 21 November 2013. On 14 March 2016, the intervener Bog-Fran sp. z o.o. sp.k, filed an application for a declaration of invalidity of the applicant's design on the grounds that it was not new and lacked individual character. In support of its application, it submitted the following representation of a piece of furniture called…
The television format of "El Rosco" is not protected as intellectual property as neither originality nor authorship has been proven.
BACKGROUND TO THE DISPUTE The commercial company "MC&F BROADCASTING PRODUCTION AND DISTRIBUTION, C.V.", is a company specialised in the design, production and marketing of television formats, according to the defendant, the creator of the television test known in Spain as "EL ROSCO", which has traditionally been included in the television programme "PASAPALABRA". On 2 February 2010, “MC&F” and the defendant entered into a licensing agreement for the economic exploitation of the “EL…
The relevant non-English speaking public does not recognise the geographical reference "Kerry" as a geographical indication of the origin of the product. Likelihood of trade mark confusion. KERRY v. KERRY:
BACKGROUND TO THE DISPUTE Ornua Co-operative Ltd (hereinafter 'Ornua') is an Irish company which, since 1961, has been engaged in the production and export of Class 29 goods (dairy products), in particular butter, under various trade marks, including 'Kerrygold'. The use of the distinctive sign of its trade mark 'Kerrygold' dates back to 1962, when it began marketing butter under that sign in the United Kingdom, where it has a very significant presence. In addition, now, Ornua markets these…
Industrial design. Damages prior to rei vindicatio proceedings
BATH COLLECTION SL, as plaintiff, filed a statement of claim against BATHFORTE SL AND OTHERS, defendant, in which the main actions for claiming registration of the industrial design and infringement of the same, and subsidiary actions for unfair competition, were deducted. The First Instance Judgment partially upheld the claim, but did not accept the claim for damages. In order to make those rulings, the judgment was based on the fact that the defendant acted in bad faith in obtaining…
Word element of a figurative mark is not decisive in determining whether there is a likelihood of confusion if that element is descriptive. Escuela de doblaje de Asturias.
The plaintiff, bringing actions for infringement of trade mark rights under Article 41 of Law 17/2001, of 7 December 2001, on Trade Marks ("LM"), and actions arising from unfair competition for committing acts of obstruction and acts subsumable under Articles 6 and 12 of Law 3/1991, of 10 January 1991, on Unfair Competition. The plaintiff uses as its title the mixed mark consisting of a representation of a desktop microphone and the word element "ESCUELA DE DOBLAJE DE ASTURIAS", registered for…
Patents. Rei vindicatio proceedings. Dismissal due to substantial differences between the patented and claimed technology.
The relevant facts of this judgement are as follows: 1) ICMA Sistemas, S.L. (hereinafter ICMA) entered into three research projects with the University of Vigo, financed by ICMA and partially subsidised by the Xunta de Galicia: (i) The first, entitled "Modelling, simulation and experimental study of a geothermal system for small and medium consumers", was directed by Arcadio, started on 10 July 2007 and had a duration of 12 months. (ii) The second, entitled "Design and experimental development…
Similarity of signs and goods. RUBIO chips
SUMMARY OF THE FACTS RUBIO SNACKS S.L., the appellant, is a company which is the proprietor of both the Spanish trade mark nº2.150.852 “RUBIO” and the EU trade mark nº 17.427.725 “RUBIO”, registered for goods in Class 29 of the International Nomenclature: "Potato crisps (English fries)";- "Potato crisps; soya and cassava crisps; potato crisps in bags; potato crisps in snack form; potato crisps in stick form; low-fat potato crisps; potato chips; dried fruit snacks; dates; dried figs.” On 20…
Similar domain name for the online sale of perfume and cosmetic products. Confusing acts.
BRASIL Y BELLEZA S.L., from now referred as B&B, is a company which is dedicated to the online wholesale of hairdressing and cosmetic products. On April 25, 2019, B&B filed before the Commercial Courts the following combined lawsuits: declaratory action of disloyalty, cessation of the disloyal conduct, removal of the produced effects, and action for damages against the defendant MY WAY BARCELONA, from now referred as MYWAY, a limited company dedicated to the sale of hairdressing and…