Last March, the Provincial Court of Granada handed down, on appeal, a judgment confirming the decision of the lower court that upheld the decision of the company specialized in software and espionage products (Hispa Importaciones Deluxe), against a competitor that had been carrying out acts of unfair competition through the advertising and promotion of several of its products. In addition to confirming the lower court’s decision, the Court’s decision has increased the amount of compensation to which the defendant competitor was sentenced for the aforementioned unfair acts.
AMELEGAL’s litigation team, which has represented Hispa Importaciones throughout the proceedings, managed to demonstrate how the defendant had infringed the trademark rights owned by our represented company, with the use of a website domain that could easily mislead the average consumer. Likewise, the judgment recognizes as clear acts of unfair competition the fact that the defendant copied on its website images and texts previously prepared by Hispa Importaciones, as well as having advertised itself as the official distributor in Spain of products of various brands, without actually being so.
The judicial resolution establishes important criteria in relation to trademark infringements and unfair competition, which will undoubtedly have a significant impact on future cases in which practices aimed at securing competitive advantages in the market in a dishonest manner are denounced.