Now in its twelfth 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.
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Spain – Spanish CTM Tribunal rules on damages in infringement cases.
When the international IP community hears about
However, such city hosts a few other treasures (other, of course, than Santa Bárbara's Castle, the
So, from a Spanish practitioner’s perspective, it is fair to say that a CTM is applied, published, opposed, registered, renewed, enforced and sometimes revoked or invalidated always within the borders of the
Below: Alicante seen from Santa Bárbara's Castle: the CTM system at your feet (excluding Luxembourg, of course).
This Class 46 member reviews with great interest the production of the Alicante CTM judiciary. The last case that has come to our attention is the Judgment no. 278/2010 from the
Amongst other findings, the Court stated that for the purpose of appraising damages in trade mark cases, it is required to provide evidence on the “detriment” to the distinctive character or the repute of the earlier trade mark in the terms of article 4.4 of the Directive 2008/95/EC.
Such “detriment”, says the Court, does not automatically derive from the actual CTM infringement. It follows that it is the claimant’s procedural burden to produce convincing evidence that such detriment has been effectively produced.
The Court also stated that, in cases where it is sustained that there is a detriment to the mark’s distinctive character, it is also necessary for the claimant to furnish evidence that the consumer’s economic behaviour could have been modified as a consequence of the infringement.
On these premises, the Court grants damages in favour of claimant in the amount of Euro.- 4,020'93.
Tags: Spain, damages.,



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