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16 July 2019

Criminal sentence imposed for commercialisation of infringing souvenirs

The Criminal Court No 15 of Valencia has sentenced the managers of a company in the souvenir industry for committing a crime against IP rights under with Article 273 of the Criminal Code.

01 May 2019

Criminal sentence handed down to importers of shoes infringing adidas’s trademarks and designs

The Court of Appeal of Valencia, acting as a trial court, has sentenced two defendants to one-and-a-half years in prison for importing several thousands of pairs of counterfeit adidas shoes for commercial purposes.

29 November 2018

Barcelona Court of Appeal hands down criminal sentence for commercialisation of counterfeit FC Barcelona products

In a case involving counterfeit FC Barcelona products, the Court of Appeal of Barcelona has confirmed that the defendant had committed a crime against intellectual property under Article 274 of the Criminal Code.

17 July 2018

Court of Appeal upholds criminal sentence for import of counterfeit t-shirts bearing registered trademarks

The Court of Appeal of Zaragoza in Spain has upheld a judgment of the Trial Court in which the latter had sentenced the defendants for importing thousands of counterfeit t-shirts from China.

23 May 2018

Barcelona Court of Appeal upholds criminal sentence for sale of counterfeit shoes

The Barcelona Court of Appeal has upheld a condemnatory judgment sentencing an online seller of counterfeit shoes for committing a crime under Article 274 of the Criminal Code.

11 April 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

02 February 2016

Liability in criminal proceedings for storage of infringing products

The La Coruña Court of Appeal has upheld a first-instance decision sentencing the owner of around 10,000 items of clothing bearing well-known trademarks, used without the holders' consent, which had been seized in its warehouse. The first-instance decision included a prison sentence, a fine and – with respect to civil liability – the payment of damages to the holders of the infringed trademarks.

15 October 2015

Appeal court confirms criminal conviction of importer of counterfeit Hugo Boss belts

The Valencia Court of Appeal has upheld a judgment of the Trial Court No 8 of Valencia sentencing the managing director of a company for committing a crime against intellectual property, and sentencing the company itself for the damage caused. The case involved 900 belts bearing the sign BCCSS HOGO BCCSS, which was found to imitate the well-known trademark BOSS HUGO BOSS.

20 April 2015

Import of counterfeits should not be treated as minor misdemeanour

In a case involving the import of counterfeit components and accessories for PlayStation video games, Section 4 of the Valencia Court of Appeal has held that the reduced penalty, which can be imposed in small-scale retail cases of minor significance, could not be applied in import cases - particularly in the case at hand, where the offender had imported illegal goods from China on several occasions.

03 February 2015

Is the Tarragona Court of Appeal abandoning the 'consumer error' theory?

A recent ruling of Section 2 of the Tarragona Court of Appeal in a criminal case suggests that the court has taken a radical turn away from its former jurisprudence on the ‘consumer error’ theory. The theory was developed by the Supreme Court under the former Criminal Code, under which it was relevant to assess whether consumers had been deceived when purchasing a product bearing a counterfeit trademark.

28 March 2013

Supreme Court decision shows that infringers' evasive strategies do not always pay off

The Supreme Court has upheld a first instance decision ordering that the defendant pay Levi Strauss €831,633 in compensation in relation to the marketing of jeans bearing an imitation of Levi Strauss' mark on the rear pockets. Although the defendant had provided its turnover figures for the whole of the relevant period, it had failed to submit data and a breakdown per model of jeans, except for the last six months of the period.

19 July 2011

Trademark owners not liable for storage costs

The Provincial Court of Appeal of Valencia has refused a shipping company’s request that the trademark owner be charged for the costs of storing merchandise detained following an intervention by Customs. The decision represents a radical U-turn compared to earlier decisions by the Provincial Courts of Appeal of Valencia and Madrid.

07 February 2011

Application of ‘consumer error’ theory to IP crimes is rejected again

The Court of Appeal of Alicante has upheld a judgment of the First Criminal Court of Benidorm in a case involving the sale of fake goods bearing registered trademarks of Nike International Ltd and adidas Solomon AG. In doing so, the court rejected the application of the theory of ‘consumer error’ to IP crimes, thus establishing that consumer confusion is not a prerequisite to find that an IP crime has taken place.

23 July 2010

Criminal penalties for retailers of infringing goods to be reduced

The latest amendments to the Spanish Criminal Code, which will enter into force on December 23 2010, have been published in the Official State Gazette. Under the amendments, there will be a considerable reduction in the criminal sanctions imposed on unauthorized retailers of goods protected by IP rights and retailers of counterfeit products of low monetary value.

17 October 2008

Quality of counterfeit product is irrelevant, says Court of Appeal

In a case involving fake Nokia mobile phone covers, the Madrid Court of Appeal has held that the accused was guilty of design and trademark infringement in violation of Articles 273(3) and 274(2) of the Criminal Code. Among other things, the court held that the quality of a counterfeit product is irrelevant when analyzing whether use of a trademark or design constitutes a criminal offence.