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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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THURSDAY, 1 MAY 2008
Spain – Court injunction blocks access to a fakes’ trading website.

As the national press has widely publicised, for the first time ever a Spanish Criminal Court has used the legal privilege set in the so-called Spanish Electronic Commerce and Information Society Services Act that allows the judicial authorities to block access to a a website on the grounds of "public order" (in this case, it was the sale in Spain of counterfeit goods).

The importer (based outside Spain) maintained a website addressed to Spanish consumers, dedicated to the sale of illegally branded sport items at a very low price.

This court decision has been put into effect by means of a specific interim injunction, ordering the discontinuance of the connectability of the website from Spain.

Posted by: Ignacio Marques @ 06.07
Tags: Counterfeiting, Spain, trade mark counterfeit,
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