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.
The Madrid Court of Appeal (Section 28) recently confirmed the dismissal of a patent infringement action filed by PERI GmbH against Spanish company Sistemas Técnicos de Encofrados (STEN). The court held that a patent's scope of protection is determined by its claims and that the patent description and drawings must be considered in an interpretation of the claims. In light of this, the court concluded that STEN's scaffolding did not infringe PERI's patent.
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.
Due to the intense competitiveness of the mobile communications sector, industrial or intellectual property rights infringements can sometimes arise. In light of this, the Barcelona Commercial Courts have adopted a protocol for exhibitors at this month's Mobile World Congress that suspect infringement of their rights.
Section 15 of the Barcelona Court of Appeal has partially upheld an appeal declaring that the plaintiff's trademark be cancelled for lack of use and that the defendant's trademark was invalid. However, it also found that the plaintiff's revoked trademark had been infringed by the defendant. The case involved a trademark for goods in Class 25, which covers clothing, footwear and headgear.