Spanish Supreme Court confirms the ruling in favour of NOX in its case versus the company Munich
Spanish Supreme Court has finally settled the dispute between the companies Munich and NOX, confirming a resounding victory for NOX across the board. In its judgment of 28 May, the High Court finally rejected Munich’s claims and upheld the judgment in favour of NOX handed down by Barcelona Provincial Court.
Munich sought to compete in the padel rackets and accessories market by means of an attempt that was as aggressive as it was unjustified: to accuse one of the leaders in that market, the company JJ Ballvé Sports, owner of the NOX trademarks, of infringement of the national “Munich” trademarks, trying to obtain exclusive rights over the X that characterises NOX products, and to compete unfairly. Barcelona Provincial Court rejected those claims as unfounded and dismissed the action in its entirety, with Munich being ordered to pay the costs. As asserted by Barcelona Provincial Court, it is one thing for the plaintiff to have well-known trademarks, but it is quite another for NOX’s paddles or other products to infringe those trademarks in any way, as they are clearly different signs that do not give rise to any confusion whatsoever. Now the Spanish Supreme Court has completely confirmed this criterion: according to the First Chamber, although it is permissible to extend the protection of a well-known trademark (now renowned) beyond the class for which the trademark is registered, this does not authorise the extension of its scope of protection beyond what the trademark actually protects (the right to monopolise its specific appearance on a sports shoe), especially if it is a well-known sign with a low ability to distinguish itself from others.
This was NOX’s position from the outset, and has now been recognised by the Spanish Supreme Court, which has given Munich the response it deserves. NOX is finally pleased, despite the time that has passed, that the courts are showing the way for fair competition in the market, based on respect for the industrial property of others. It is now able to focus on what has always been its objective, which is to act as an essential operator in this market, with cutting-edge products and a leading brand.