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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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FRIDAY, 26 FEBRUARY 2010
Spain - Do not mess with golden Oscar.

The newspaper "El Mundo" reports that a Spanish company has been condemned by the Girona Court of Appeals for having sold 7,200 fake Oscar statuettes in Spain and Germany in year 2003. Despite the claimant  Academy of Motion Picture Arts and Sciences owns the CTM no. 002270817 on the shape of the Oscar statuettethe case seemed to have been finally resolved on copyright infringement (including moral harm and tarnishment due to the poor quality of the respondent's statuettes). The respondent has been condemned to pay Euro.- 3,000 as compensation for the "moral harm" suffered by the Academy, and Euro.- 2,800 as damages.

Posted by: Ignacio Marques @ 12.12
Tags: Spain, tarnishment, moral right.,
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