CLASS 46
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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WEDNESDAY, 5 FEBRUARY 2014
Spain: Smell-alike Perfumes by Reference to Leading Brands
It has come to the attention of this blogger the news spread during the last two days by the Spanish multinational fashion company Puig S.L. The news refer to a recent court order (not publicly available) from the Juzgado núm. 1 de Alicante de Marca y Diseño Comunitarios (sitting as CTM Court in Spain) against Equivalenza Retail S.A. to cease using famous trade marks owned by or licensed to Puig (Carolina Herrera, Nina Ricci, Paco Rabanne, etc.), and qualifying Equivalenza's conduct as unfair business practice. Puig is also entitled to damages derived from the infringing acts.
Tags: Smell-alike Perfumes,
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Spain: Smell-alike Perfumes by Reference to Leading Brands
It has come to the attention of this blogger the news spread during the last two days by the Spanish multinational fashion company Puig S.L. The news refer to a recent court order (not publicly available) from the Juzgado núm. 1 de Alicante de Marca y Diseño Comunitarios (sitting as CTM Court in Spain) against Equivalenza Retail S.A. to cease using famous trade marks owned by or licensed to Puig (Carolina Herrera, Nina Ricci, Paco Rabanne, etc.), and qualifying Equivalenza's conduct as unfair business practice. Puig is also entitled to damages derived from the infringing acts.
Now the order of the Alicante court extents to acts of infringement committed or threatened within the territory of any of the Member States, which is of relevance as Equivalenza retail stores are spread across a number of EU Members. Puig is now assesing to file claims in other territories where the brands are protected given the international presence of Equivalenza (in particular, Mexico or Turquey).
This blogger will write further on this interesting case once the Judgment is available (of course he would be depply appreciative of any reader who perhpaps might want to share it ;)).
Posted by: Fidel Porcuna @ 11.52Tags: Smell-alike Perfumes,
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