Marqués & Ferrer adds a new achievement in terms of anti-piracy.
In an action in defense of the trademark rights of our client GRANIZADOS MARESME, S.L.L., we have recovered the FROSTY.es domain that was requested by an unauthorized third party.
On this occasion, the basic right of the claim consisted of the mixed trademarks “FROSTY” no. M3064356 and M3657981 registered by GRANIZADOS MARESME, S.L.L. before the OEPM in 2013 and 2017, respectively.
In conflicts between domain names and trademarks, the protection of the registered trademark usually has a prevalence over domain names.
In this specific case, the name of the domain is identical to the registered trademarks of our company, so, the FROSTY.es domain was clearly in conflict with the rights of GRANIZADOS MARESME, S.L.L. when using without consent the denomination of trademarks “FROSTY”.
Our office has once again resolved a conflict between parties with the effectiveness that is ours, without the need to reach costly and lengthy legal actions. The recovery process began with a requirement whereby the opposing party would transfer ownership to the owner of the trademark.
For this reason, it is very important to register designs, inventions and trademarks since their protection gives the owner exclusive rights such as preventing their reproduction or unauthorized imitation by third parties.
At Marqués & Ferrer we advise you and take charge of all the procedures before, during and after the registration of a trademark, industrial design or patent, offering you support for the defense of your interests.