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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SATURDAY, 22 NOVEMBER 2008
Spain – A sparkling Judgment: a Spanish Court enforces the French Geographical Indication “Champagne”.
The Commercial Court no. 1 of Alicante has awarded a claim jointly filed by the French entities “Comité Interprofessionnel du vin de Champagne” and “Institut National de l'Origine et de la Qualité” against a Spanish local bar located in Javea (Alicante) that traded under the shop sign “Bar Champagne”. The defendant also used the sign “Champagne” in its stationery, merchandise and in its domain names.
Interestingly enough, the claim was construed on the basis of the French legislation on Geographical Indications (directly applicable in Spain by virtue of a Bilateral Agreement signed between the two countries in 1973) and the Spanish Unfair Competition legislation.
After acknowledging the reputation of the French Geographical Indication “Champagne” in Spain, the Court ordered the defendants to cease in all use of the name “Champagne” and to pay damages to the plaintiffs in the amount of Euro 5,471. Posted by: Ignacio Marques @ 02.02
Tags: enforcement, Geographical indications., Spain,
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Spain – A sparkling Judgment: a Spanish Court enforces the French Geographical Indication “Champagne”.
The Commercial Court no. 1 of Alicante has awarded a claim jointly filed by the French entities “Comité Interprofessionnel du vin de Champagne” and “Institut National de l'Origine et de la Qualité” against a Spanish local bar located in Javea (Alicante) that traded under the shop sign “Bar Champagne”. The defendant also used the sign “Champagne” in its stationery, merchandise and in its domain names.
Interestingly enough, the claim was construed on the basis of the French legislation on Geographical Indications (directly applicable in Spain by virtue of a Bilateral Agreement signed between the two countries in 1973) and the Spanish Unfair Competition legislation.
After acknowledging the reputation of the French Geographical Indication “Champagne” in Spain, the Court ordered the defendants to cease in all use of the name “Champagne” and to pay damages to the plaintiffs in the amount of Euro 5,471. Posted by: Ignacio Marques @ 02.02
Tags: enforcement, Geographical indications., Spain,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA762
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