Camisería La Española against Transformados del Sur
By Yaiza Bascón:
The judgement issued by Granada’s Provincial Court, now validated by the Supreme Court, established that Camisería La Española and La Española infringed the trademark law and the rights of Transformados del Sur, owner of the brand SPAGNOLO.
In this case, the brand under dispute was CAMISERÍA ESPAÑOLA, that consisted on the name between two Spanish flags as done by SPAGNOLO.
In its judgement, Granada’s Provincial Court considered that Transformados del Sur enjoys the exclusive right of preventing the use of a brand conceptually or phonetically similar to the brand SPAGNOLO.
However, the Provincial Court also commented on the right of use of the term español. More specifically, established that it is not possible to create a monopoly of the Spanish flag nor the term español, which shall remain available to other commercial and economic agents that want to use them, as it is a term that refers to the origin of the product.
This way, Granada’s Provincial Court sentenced against the defendant to cease the use of the term La Española with the same text style and color used by the brand SPAGNOLO, or located between two Spanish flags.
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