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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 26 FEBRUARY 2010
Spain - Do not mess with golden Oscar.

The newspaper "El Mundo" reports that a Spanish company has been condemned by the Girona Court of Appeals for having sold 7,200 fake Oscar statuettes in Spain and Germany in year 2003. Despite the claimant  Academy of Motion Picture Arts and Sciences owns the CTM no. 002270817 on the shape of the Oscar statuettethe case seemed to have been finally resolved on copyright infringement (including moral harm and tarnishment due to the poor quality of the respondent's statuettes). The respondent has been condemned to pay Euro.- 3,000 as compensation for the "moral harm" suffered by the Academy, and Euro.- 2,800 as damages.

Posted by: Ignacio Marques @ 12.12 
Tags: Spain, tarnishment, moral right.,

 

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The Class 46 archive


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     + December (50)
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Spain - Do not mess with golden Oscar.
Malta in the CTM limelight
Keepin' up with the Joneses
Slovak Republic signs up for Singapore Treaty
GI news: Pementos protected, Parma packaging changes
No strange aroma, but will LONGKOU FEN SI pass the test?
CEIPI response on the Lisbon Agreement now published
Reader's Digest European Trusted Brands 2010
"Easter bunnies' case" back at the Austrian court of first instance
Spanish Patents and Trade marks Office (SPTO) goes totally online.
Don't say "pure" for pasturized milk, says Greek Communication Review Board
Just what is MARQUES doing? Part II
Just what is MARQUES doing?
Greece - Book titles not registrable as a trade mark says the Supreme Civil Court
Social networking: threats, promises or opportunities?
Dealing with unofficial sites and blogs: the Nestlé strategy
IDNs: a Nice subject, but not necessarily for TM owners
European Commission approves OTTO's acquisition of the Quelle trade mark "subject to conditions"
German Federal Patent Court: VOLKSFLAT
Italian Supreme Court tackles Rubik’s Cube CTM and establishes that Protection under the Italian Criminal Code for a CTM runs from Application Date.
Poland: differences in pharmaceutical trade marks
Switzerland: health claims regulation fully in force after 31 March 2010
Historic Greek beer brand to resurface
Spain: the Supreme Court settles a (coyote) fight on the protection of foreign trade names.
Comparative advertising in Turkey: the Radio Fenomen case
German Federal Patent Court: registrability of labels (“Etikett”)
Poland: football fans play with lawyers
Germany: McDonald's going "green" - but not in an ecological sense..
UK Company Names Tribunal issues guidance on "without prejudice"
If this cheese says "Monaco", it's Italian
New name for the MARQUES Newsletter: have you voted yet?
More TSG and GI terms gain Euro-protection
New logo for all EU organic products
JAVA MONSTER vulnerable and unprotected in Switzerland
Polish Sejm wants new logo
Changes to OHIM's Manual of Trade Mark Practice: usually no similarity between restaurant services and drinks
Genuine use in one Member State: the HPO speaks out
The Transformers take over the General Court: ENERCON confusingly similar to TRANSFORMERS ENERGON
The "ONEL case" - more rumours
Poland: information on licensing for Euro 2012 trade marks
Worst UDRP decision of 2009?
G-Star successful in Italy as Milan Court upholds protection for 'Elwood' and ‘Limit Regular’ jeans.
The mother of all UDRP complaints?
Poland: GESTROL is not always similar to GESTROLTEX
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