Help!!!!

has received a rattling excited electronic mail that contains this link to what is reported every bit existence the offset Community pattern determination from Alicante's Community Design Court. Not existence a Spanish-speaker, the IPKat is a piddling unclear. He thinks this courtroom may hold upward designated past times the Castilian regime every bit the national courtroom for dealing alongside Community pattern cases but, to his embarrassment, he has non been able to abide by anything on the OHIM website that looks similar a listing of national Community pattern courts. Can closed to prissy individual out at that spot delight help?

STOP PRESS: Malte Hartmann writes:

"Referring to the article inwards Alicante´s paper Diario, I´m misfortunate I own got to say that it is non a determination of the Castilian "Community Design Court". Nonetheless it is tranquillity interesting every bit the article states that it is the offset determination of the Castilian "Community Trade Mark Court" inwards Alicante (took tranquillity a long time...).

An Italian producer of suitcases asked for interim relief to halt the sale of similar suitcases produced past times a Castilian company, located inwards Aspe. It doe non say which form of score was involved. The offset representative courtroom dismissed the injunction, the CTM Court of Second Instance granted it. Furthermore the courtroom ordered a detention of the infringing suitcases until the terminate of the procedures. Also it seems every bit if the accused had to pay 3,000 EURO every bit compensation for damages (which seems peculiar to me every bit it is a provisional ruling, I don´t know if the article is clear inwards that point). The paper considered it notable that the courtroom illustrated his judgment alongside photos of the products".

Darren Smyth (Marks & Clerk) adds:

"... I own got enlisted the assist of my colleague Hernan Rios, who is from Chile.

The handbag: a powerful motif inwards British politics

The championship reads "The Court withdraws ii lines of handbags from Aspe on its offset determination on merchandise marks". They hateful designs, obviously. The article states that this is the offset determination of El Tribunal de Marcas de la Audiencia Provincial concerning the Community Trade Mark. Again, they clearly hateful Community design. However, it is non clear whether the affair relates to registered or unregistered community pattern rights. I suspect unregistered, because the study talks nearly copying.

Aspe is apparently a hamlet inwards the province of Alicante.

Aspe: handbag conflict uppercase of Spain

According to Hernan Rios, the article states that:

* the affair started inwards September 2004, when an Italian fellowship filed an activity earlier the Juzgado en Lo Mercantil (apparently a novel courtroom appointed rattling recently) requesting the withdrawal of ii lines of handbags existence commercialised past times a Castilian fellowship on the internet. The estimate refused to accept whatever precautionary measures, stating that at that spot were no reports that proved that at that spot has genuinely been a re-create of the designs.

* the claimant appealed this determination to the Tribunal de Marcas de la Audiencia. This tribunal issued an interim determination stating that:

"The degree of coincidence fifty-fifty to the smallest details is such, that it cannot hold upward stated that the handbags are the lawsuit of an independent operate carried out past times the defendant, too no 1 tin reasonably recollect that the accused was non aware of the handbags of the claimant".

The article adds that, according to the judges, the defendant's bags are but a mere 'copia servil' (slavish copy) inwards persuasion of the countless coincidences inwards the appearance of the handbags.

The tribunal has ordered the precautionary withdrawal of ii lines of handbags existence commercialised past times the Castilian company. In lodge for the proceedings to continue, the claimant must deposit alongside the Court a bond ('fianza') for the amount of 3000 Euros inside 7 days.

It is indicated that the role of this deposit is to encompass whatever possible damages that may hold upward caused to the accused originating from the withdrawal of the goods. The deposit was fixed at 3,000 Euros because the accused declared that if the goods were to hold upward withdrawn, this would campaign them a modest economical impairment ('escasos perjuicios económicos').

It states that the judges used pictures to accomplish their decision. The journalist states that this is the offset fourth dimension where pictures own got been used to justify or terra firma a judicial decision.

The journalist continues past times stating that the Tribunal de Marcas provisionally ordered the defendants to halt selling the ii lines of handbags. The goods are to hold upward sealed, inventoried too retained inwards the warehouses of the accused until the lawsuit is decided. In other words, the goods are to hold upward seized.

The ruling (auto) states that it wants to avoid during the pending of the trial the high opportunity of confusion amid the consumers too the professionals involved inwards this sector ('profesionales del sector'). I recollect he way people involved inwards the job organisation of selling handbags.

Hernan's sources inwards Alicante betoken that,extraordinarily, the determination was reported inwards the paper earlier existence communicated to the parties".

So, friends too readers, y'all tin depict your ain conclusions. Thanks, Malte too Darren, for your efforts too assistance (and thank y'all to Hernan too).