The consequences of the anticipation of some of the elements of an infringed design, according to the Appeal Court of Alicante.
0 Comment
In its recent Judgement of October 8, 2015 (in Spanish), the Appeal Court of Alicante, acting as the Community Trademark and Design Court, issued its decision on the existence of a possible infringement of different international designs owed by our client, the Swiss company Swatch AG, upholding our claim and revoking the first instance ruling. The registered designs that served as a basis for the infringement lawsuit were, among others, the following: The Appeal Court shared our position that the following watches, manufactured and marketed by the defendants produced a similar overall impression to the prior designs of Swatch: The Appeal Court disagreed with one of the key... Continue Reading