Section 8 of the Alicante Provincial Court (acting as the EU Trademark Court) recently dismissed Equivalenza Retail, SL's appeal against the Alicante Commercial Court Number 2 judgment in which it had been sentenced for infringing various perfume trademarks owned by Hugo Boss, Gucci and Lacoste in the context of its smell-alike business. Equivalenza had used the trademarks both in comparison lists and orally in commercial speech.
In December 2018 the EU Trademark Court of Appeal declared that the Ibiza Beach drink marketed by Productos Ibicencos, SL and Aromáticas de Ibiza, SL – whose bottle was highly similar to the well-known Malibu bottle – infringed The Absolut Company AB's (TAC's) 3D and graphic trademarks which protect the shape of such bottle. Among other things, the court held that the defendants had taken unfair advantage of TAC's trademarks, as their product was very similar in appearance.
In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes trademark infringement.
The 8th Section of the Alicante Court of Appeal, acting as the EU Trademark Court of Appeal, recently confirmed that the use of third-party trademarks of reputed perfumes to advertise, offer and market so-called 'smell-alike' perfumes amounts to trademark infringement and unfair competition. Notably, the defendant's argument was based on the need to use the trademarks of other perfumes to inform consumers about the fragrance of its smell-alike perfumes.
The EU Trademark Court recently revoked in full the Commercial Court of Alicante Number 1 first-instance judgment, which had dismissed all of the claims filed by H-D USA, LLC (Harley-Davidson) against a third party for its unauthorised use of the Harley-Davidson bar and shield sign to identify and promote its bar restaurant. The court sentenced the defendant to pay Harley-Davidson damages and bear the costs incurred in the first instance.
EU Trademark Court Number 2 of Alicante recently upheld the lawsuit filed against Equivalenza for its use of trademarks belonging to Hugo Boss, Gucci and Lacoste in its sale of alleged smell-alike perfumes. Despite an earlier conviction for third-party trademark use, Equivalenza did not change its business model. Consequently, the court ordered it to cease and desist offering, marketing and promoting its perfumes using the plaintiffs' trademarks, among other things.
The EU Trademark Court Number 2 of Alicante recently upheld a lawsuit against Yodeyma Parfums SL for offering and marketing smell-alike perfumes identified by using comparison lists containing the plaintiffs' well-known trademarks. This decision is clearly in line with the findings of the EU Trademark Courts Number 1 and 2 and the EU Trademark Court of Appeal.
The English Cut, SL filed an application for the registration of the EU word mark THE ENGLISH CUT. El Corte Inglés, SA filed an opposition based on the Spanish word mark EL CORTE INGLÉS and two EU figurative marks. The EU General Court recently confirmed the EU Intellectual Property Office First Board of Appeal's decision to grant the registration. This resolution is worthwhile, as few EU General Court decisions consider Article 8(5) of the EU Trademark Regulation.
The European Court of Justice (ECJ) recently confirmed that Articles 27 and 70.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights do no oblige World Trade Organisation member states to provide for the conversion of pharmaceutical process patents into product patents protecting drugs as such. According to the ECJ, this would go beyond the ordinary meaning of the term "existing subject matter".
The long-awaited judgment of the European Court of Justice in the joined cases of Philips and Nokia has finally been issued. The judgment answered questions concerning the interpretation and application of EU regulations in regards to a customs action against goods that are suspected of IP infringment and the measures to be taken against goods that are found to have infringed such rights.
The European Court of Justice recently issued two judgments on supplementary protection certificates (SPC) granted for memantine and galantamine, respectively. The court ruled that products such as memantineand galantamine could not be the objects of SPCs since they fall outside the scope of Article 2 of the EU Regulation on SPCs.
In a recent judgment the European Court of First Instance decided on the capacity of the three-dimensional shape of the well-known Lego toy brick to be protected as a trademark. It applied Article 7(1)(e)(ii) of the Community Trademark Regulation, which provides an absolute ground of refusal for signs which consist exclusively of the shape of the product needed to obtain a technical result.