Justice once again agreed with the company İllice Brands Group (IBG) in his long conflict with Lacasa Chocolates for use of the brand conguitosand this has led them to several confrontations in the courts that have so far resulted in favor of the Esquitino family business, which has used the name for the sale of children’s clothing and footwear.
On this occasion, what was at stake was: use of the brand in perfumery products, jewelry and other accessories such as jewelery and umbrellas or leather or imitation backpacks. Elche company presented in 2012 corresponding Application to the European Intellectual Property Office (EUIPO) did not see any objections to the approval of the registration.
It was then Chocolates Lacasa decided to applyr and can request the cancellation of the registration by understanding. caused confusion to consumers and unnecessary advantage reputation of your brand. He also claimed that he acted Malicious.
However Appeal Board EUIPO assessed that the chocolatier had not proven “to have such an exceptional reputation as to cause the relevant public to associate conflicting trademarks with respect to different products as well as the products protected by each.” He also did not understand that there was a risk of improper use or for what reason he had acted in bad faith. rejected the petition for annulment.
Chocolates Lacasa did not settle and took the case to the EU General Court (TGUE) once again agreed with Elche company and EUIPO.
Thus, according judgment Released by the European court this Wednesday by the Zaragoza firm”did not offer any convincing explanations or arguments demonstrating how the adjuvant would unfairly exploit the reputation of the previous brand for chocolate-covered peanuts for products in “IBG-registered classes”.
Also, TGUE He sees no evidence that Esquitinos is acting in bad faith.because “the application for the registration of the disputed trademark is the 3rd, 14th and 18th of the protection already obtained for the previous trademarks, clothing and footwear and this application followed such a commercial logic“.
Thus, IBG gets a new win in their long fight against Chocolates Lacasa. In this sense, the company Elche has already secured the use of the brand in clothing and footwear last November, after the food company’s appeal against another decision of the EU Trademark Court was rejected by the Supreme Court.