HE Barcelona Commercial Court No. 2 has unregistered pasha brand In the class of financial, monetary and property insurance services by an island resident, unrelated to the famous nightlife group that emerged from the discotheque that opened in Sitges in 1967 and then in Ibiza in 1973, Ricardo Urgel. The prosecutor appreciated “Malicious” In the registration of the trademark in July 2016, the defendant was recognized as a community member of the company’s heirs. Promotions Pacha International SA.
This company was founded in 1984 by the defendant’s father and a partner. Another person contributed to the use of the Pacha sign and brand. real estate area, although it does not save. This company was deregistered in 2007, but in 2016 the defendant registered the trademark. Spanish patent and trademark officeAs explained in the decision, an appeal can be made against him. Barcelona County Court.
According to the court decision, the defendant has not been able to prove that he has been using the trademark since 2016, despite the trademark registration. His defense claimed that he “has a legitimate interest in the registry as he has been dealing with real estate services since 2003.”
However, the Barcelona Commercial Court ruled that “the plaintiff (Nube SL, one of the companies involved in the Pacha nightclub holding) also hospitality and accommodationIn this sense, the judge underlines that “the defendant’s residence is in Ibiza, a small island created in 1973. famous nightclub Pachamakes it possible to ensure that on the relevant date the Pacha hotel has been operating since 2003″.
In June 2021, the defendant objected to the registration. casa pacha brand [el establecimiento turístico de Formentera]. The Judge considers that given the “recognition and reputation of the Pacha mark”, the defendant had previously requested registration of the mark with “a”. speculative intent and/or prevent expansion through the plaintiff’s use of the Pacha brand family”.
venture capital fund Trilantic Europe It acquired the Pacha group in 2017 and, according to the decision, has since begun the phase of restructuring, designing strategies and strengthening operations, including the hospitality sector. This is the owner of seven different brands called Pacha, one of them only with two cherry images symbolizing the famous Ibiza nightclub.
real estate services
In court, the defendant’s thesis was rejected by the judge, arguing in his defense that the Pacha brand “had no reputation at the relevant date (2016) and did not cover real estate services”. “While it is true that the Pacha brand has been famous in the nightlife industry since 1973,” he emphasizes. [en 1967 empezó en Sitges]its reputation exceeds the sector in question, particularly nationally and in relevant history”.
Thus the sentence adds: “Using the same phonetic sign in other fields is easy to cause the public to connect them.” “Therefore, I believe that Pacha covers other services, particularly those related to the leisure, hospitality and tourism sectors,” he says.
In this way, the court decision, despite the decision of the Spanish Patent and Trademark Office at that time, “a probability of confusion or relationship between competing brands”.