Dismissed the lawsuit interposed by unfair competition on some dinosaur cookies

The Company “ARTIACH” had requested legal protection for trademarks of its ownership, denominative and mixed (figurative and denominative) but had not invoked three-dimensional marks.

The Court of Mercantile No. 8 of Barcelona has dismissed the lawsuit of ordinary judgement that the company “ARTIACH” had brought against the company cookie maker “LA FLOR BURGOS”. In The lawsuit, trade marks and unfair competition activities were exercised. The Company “ARTIACH” filed a lawsuit when considering that the company “LA FLOR BURGOS” had broken the trademark “DINOSAURus” and imitated the graphic representation of these cookies and their packaging.

The Company “ARTIACH” had requested legal protection for trademarks of its ownership, denominative and mixed (figurative and denominative) but had not invoked three-dimensional marks.

The sentence states that the image of the profile or silhouette of the dinosaurs belongs to the public domain and can be used by other competitors in the market. It is Also explained in this judgement that the mark “DINOSAURus” has no noticeable character in the Spanish market for the purposes of the Trademark Law and rejects the existence of unfair competition for misuse of the reputation of others. This sentence dictates the doctrine set by the Supreme Court in the case of “Oreo” biscuits.

The legal issue of this case has been submitted for consideration by the trademarks, intellectual property and refinancing agreements Section of the Barcelona Mercantile Tribunal, which is composed of the Barcelona mercantile Courts, numbers 2, 6, 8 and 9.

The sentence is not firm and it may be appealed within twenty working days before Section 15 of the Provincial Court of Barcelona.

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