Our Madrid office achieved a remarkable success acting in trademark litigation for our client Premier Tech, a leading Canadian company in, among others, the horticulture and agriculture product industry, against Spanish competitor Symborg, in relation to the use by this latter of the sign “MycoUp Activ”, similar to our client’s registered EU trademark “MycoActive”.
In its Decision dated 2 September 2019, the EU Trademark Court no. 2 in Alicante upheld the claim filed by Premier Tech admitting the existence of trademark infringement by the opposite party’s use of the conflicting sign « MycoUp Activ ».
As a result of the trademark infringement found, the Court ordered the adverse party to cease and refrain from exploiting in trade the products bearing the conflicting sign, to destroy and withdraw any such products from trade, to pay damages and the legal costs of the infringement claim.
The case is currently under appeal.