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PDF PADIMA NOTES May 2016
[ Trademark Exhaustion ]
Judgment of the Spanish Supreme Court dated 22 April 2016. L´Oreal Group vs Websales Ibérica, S.L
Summary: The SC analyzes the role of the exhaustion of trademarks and the legal grounds that may be the exception. We must remember that the exhaustion of rights rule intends to avoid the market foreclosure by the trademark owners, i.e., this exhaustion of rights rule is closely linked to free competition, protected in the Community Treaties. Thus, the trademark owner cannot challenge the exhaustion to introduce restrictions to the free competition. The exemption from the exhaustion is, then, only justified when the product commercialization circumstances negatively impact the trademark functions.
In this case, the SC considers that requesting a physical outlet, specialized advice or sales with testers shall not be considered as “legal grounds” to exempt the trademark exhaustion, since, “de facto” it is a restriction to online commercialization of perfumery goods.
However, the SC holds that the domain name used by the respondent (outletbelleza [beautyoutlet]), associated with the low cost business, and the respondent’s website, which gives a weak image of luxury trademarks, due to the alphabetical location system, the lack of products, the stock limitation, the lack of new products and the non-admission of products return are indeed “legal grounds”. These circumstances are objectively subject to negatively affect the plaintiff’s trademark reputation, since they can harm the allure and prestigious image which bestows on them an aura of luxury.
*More info (in Spanish): poderjudicial.es
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[ Trademark Confusion ]
Xtep Trademark ceases marketing their products after the judgment by the Business Court No. 1 of Alicante.
Business Court No. 1 of Alicante upholds the claim lodged in 2014 by the German company Leineweber GmbH against the Chinese company Xtep China Company LTD. and the company Inversiones Amgaco Sud S.L., from Elche, Alicante.
According to the Court, the Chinese Company Xtep logo (containing an X with an elongated edge), exclusively commercialized in Spain by the company from Elche, causes confusion due to its similarity with the German trademark Brax (also containing an X with an elongated edge). The judgment orders to withdraw from the market the infringing goods and to cease in the use of the Xtep trademark.
*Source (in Spanish): Diario Información
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[ Agreement with Morocco ]
Enter into a PPH agreement with Morocco.
Last Monday 16 May, the Spanish Patent and Trademark Office (OEPM) and the Moroccan Office of Industrial and Commercial Property (OMPIC) entered into a Memorandum of Understanding (MOU) which will allow an owner to manage an application before the OEPM and the validated claims, and ask for the expedited processing before the OMPIC.
Thus, the information exchange between the Offices is allowed, the effort duplicity is avoided and the granting proceedings are accelerated.
It will come into force on 1 June 2016, with an initial duration of two years, extendable if both parties agree.
* Source (in Spanish): OEPM
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[ Anti-counterfeiting printer ]
The first printer which could end with piracy has been patented.
The technology multinational company IBM has patented a printer that, if it finally becomes a reality, it will be able not to print books or texts protected by copyright.
By means of a scanner, it will be analyzed if the text to be printed is free of «copyright». In case that it is not included in its database, the order will be automatically cancelled.
The database will save all the official intellectual property registrations, US patents and ISBN codes.
*Source (in Spanish): cticbeat.com
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[ DesignEUROPA Awards ]
Deadline for applying or nominating to the 1st edition of the EUIPO’s DesignEuropa Awards: 15 July 2016
Designs are a key motor for innovation and growing. Industries owners of designs generate 12% of the jobs in the European Union, and they represent almost 13% of its GDP.
In view of it, the DESIGNEUROPA AWARDS are meant to recognize the excellence in managing the protection among the owners of Registered Community Designs, whether they are individuals, SMEs or large companies. * More information
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