Barcelona Court of Appeal Recognises “Clipper” Lighter 3-Dimensional Trade Mark

On March 29, 2010, the Barcelona Court of Appeal passed a judgment upholding the claims of Flamagas S.A. regarding the infringement of its three-dimensional trade mark, which consists of the shape of its “Clipper” lighter (trade mark no. 2012203, class 34), reproduced below:

The judgment rejects the invalidity allegation brought by the defendant Euroestanco y Eurobebidas S.A. (Euroestanco) against the three-dimensional trade mark.

This judgment is interesting because, besides revising the ECJ case law regarding likelihood of confusion and unfair advantage of other trade markś reputation, it also deeply analyses some of the grounds of refusal for not allowing ...