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27 July 2020
In its 23 April 2020 judgment the Barcelona Court of Appeal recognised the well-known nature of the DINOSAURUS trademark owned by Galletas Artiach (hereinafter, Artiach) and its infringement by La Flor Burgalesa (hereinafter, Florbú) for using the GALLESAUROS sign applied to biscuits.
In April 2018 Artiach filed a lawsuit against Florbú for infringing the DINOSAURUS trademark and graphic marks consisting of various shapes of different species of dinosaur and alternatively for unfair competition, as well as compensation for damages as a result.
On 3 April 2019 the lawsuit was dismissed by a Barcelona Commercial Court No 8 judgment, against which Artiach filed an appeal.
On 23 April 2020 the Barcelona Court of Appeal upheld the appeal filed by Artiach and partially revoked the Barcelona Commercial Court No 8 judgment. The Barcelona Court of Appeal declared that the sale of Florbú biscuits under the GALLESAUROS sign constitutes an infringement of the DINOSAURUS trademark and thus ordered Florbú to:
The legal basis of the Barcelona Court of Appeal judgment can be summarised as follows:
Therefore, in accordance with Article 34.2(c) of the Trademark Law, the Barcelona Court of Appeal considered that Florbú's sale of the relevant biscuits under the sign GALLESAUROS constituted an infringement of the well-known DINOSAURUS trademark, with all of the consequences derived from said declaration of infringement, including Florbú's obligation to pay damages to Artiach.
For further information on this topic please contact Antonia Torrente at Grau & Angulo by telephone (+34 93 202 34 56) or email (firstname.lastname@example.org). The Grau & Angulo website can be accessed at www.ga-ip.com.
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