• AMSTERDAM
  • BRUSSELS
  • DÜSSELDORF
  • LYON
  • MADRID
  • MANNHEIM
  • MUNICH
  • PARIS

Press

Important victory for G-STAR RAW against MANGO in Spain

14 November 2017
Tue, 11/14/2017 (All day)

HOYNG ROKH MONEGIER’s Spanish team successfully represented the fashion group G-STAR RAW in European Union trade mark (EUTM) infringement litigation against the Spanish fashion retail group MANGO, for unauthorized use made in the EU of its “RAW” trademark on clothing and accessories. The EUTM Court of Appeal in Alicante, in a judgment of 6 October 2017, upheld all of G-STAR RAW’s claims and fully dismissed MANGO’s appeal against the first instance judgment, which had only partially upheld G-STAR RAW's claims.

The EUTM Court of Appeal, in a detailed decision, corrected the first instance judgment in that all of G-STAR RAW’s claims are now accepted. MANGO’s infringement is confirmed with regard to use of the sign “RAW” on T-shirts, bags and sweatshirts, and it has been ordered to pay compensation for the infringement as well as the costs incurred to investigate and prove it. Furthermore, MANGO must have the ruling published in the Sunday supplements to the two main newspapers in Spain and on its website and social media and pay the costs of both the first instance and appellate proceedings.

It is also important to note that the appellate court accepted the petition and supporting arguments raised by G-STAR on appeal, expressly declaring that the “RAW” trademark of G-STAR should be deemed as having a reputation due to the fact that it has been used on the market for more than 25 years, is present in all EU countries in a significant number of stores (more than 2,000) and has formed the object of significant advertising campaigns, all of which led the appellate court to conclude that “there is confirmation of a company which commercializes its products using a sign extended on its market, which is the European one, through advertising and physical presence certainly relevant, sufficiently to understand that, after the years, it has acquired a sufficient knowledge by the pertinent public so as to consider the trademarks, which are multiple, as notorious.”

Jose Antonio Sanmartín, Laura Cantero and Carmen Amor represented and assisted G-STAR RAW with this matter.

  • Managing IP Awards / 11 March 2019
    On Thursday 7 March, Managing IP hosted its annual EMEA IP awards ceremony, honoring the best IP achievements by in-house counsel and law firms in 2018.
  • Spanish Trademark Law Reform / 22 January 2019
    The Spanish Trademark Law Reform entered into force on January 14th.
  • HOYNG ROKH MONEGIER promotes Johan Elkenbracht to the partnership. Johan Elkenbracht is a European and Dutch patent attorney.
  • A new edition of the Mobile World Congress (MWC), the world’s most important event in the mobile communications industry, will be held in Barcelona from 26th to 28th of February, 2019. The Commercial Courts of Barcelona have issued for the fifth consecutive year the Intellectual Property Fast Action Protocol in the framework of the Mobile World Congress.
  • The Brussels office of HOYNG ROKH MONEGIER is pleased to be one of the founding members of the Legal Diversity & Inclusion Alliance (LDIA), a collective effort by several law firms in Belgium.