“F*** I’m famous”

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The known Dj David Ghettta has achieved a new conviction for misuse of its trademark "F *** I'm famous".

 

 

The Alicante Provincial Court has confirmed a conviction for violation of the Community trade mark "F *** I'm famous", property Guetta TM in Case Management 15 May 2014.

The company that manages the rights to David Ghetta, sues a company for infringement of their trademark through the manufacture and distribution of caps, t, fans and other products in Classes 14, 18 and 25 of the Nice Classification. The famous DJ, has registered Community trade mark No 10.010.254 for classes 3 4, 5, 9, 10, 14, 15, 16, 18, 20, 21, 24, 25, 26, 28, 30, 32, 33, 34, 35 and 41. O sea, almost all products of the Nice Classification.

The Juzgado Brand Communitarian No.. 2 gave judgment estimating demand, ordering cessation the use of that mark, removing products for destruction and directing the payment of compensation for damage 50% of turnover of infringing products and to pay the costs.

The 50% billing as compensation is a very considerable amount, taking into account that few such products ranges generally achieved: Sure infringement has cost much more than what the company may have won.

The defendant interposed appeal before the Provincial Court, claiming that:

1.- His performance was covered in a previously registered industrial designs: Rejected the argument that there are substantial differences between what was recorded as design and brand infringement.

2.- He received court upon request from burofax: The requirement was attempted by the applicant, but also, Article 9 CTM Regulation, requires no prior notification.

3.- Has succeeded in selling any textile product with brand DICHA: It also rejects the argument that you need not even the actual sale, but it is enough to offer it in a catalog (art. 9.2.b RMC), fact acknowledged by the defendant. Also products were sold by a dealer.

4.- The compensation is inadmissible as not being accredited marketing infringing products: Is discarded in view of the arguments of the previous section.

5.- The defendant acted in good faith: We reject that article 9 CTMR not preclude the infringement in good faith to mediate the third.

6.- The reference to the performance of acts of unfair competition in the contested judgment is improcente: To deny referred to in the proceeding to examine, because if the acts constitute trademark infringement, not from the application of the regulation on unfair competition, attending to the specialty.

Also, raised the costs of imposing the defendant.

Ultimately, an issue like Brand famous DJ David Guetta, It may sound frivolous, by the environment or the type of product, can have serious consequences for mark infringement.

A different question is whether the plaintiff may collect compensation actually ... In these cases, this is usually the biggest practical difficulty.

Consult your case now

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