The Provincial Court of Madrid has issued a judgment by which it obliges a well-known hamburger restaurant Tenerifelocated in the historic center of La Laguna, to change its name because it coincides with that of another located in the same city and is dedicated to the same sector.
In the first instance, the Commercial Court of the Spanish capital had fully upheld the claim of the complainant, who had been a partner of the defendant and ordered the cessation of the brand by the latter and forced him to pay 600 euros for each day that he failed to comply with the ruling issued.
From that moment, the denounced proceeded to change the name of his business and when the affected person also won in the second instance, he is waiting for the Madrid Court to execute the ruling and quantify the compensation, a procedure that has been delayed due to the strike of court clerks, according to the complainant .
The procedural actions were initiated as a result of the owner of one of the businesses appealing a violation of trademark rights, requesting that the defendant be ordered to stop using it, both this denomination and another that is similar and that could cause confusion. among consumers.
The judgment establishes that the trade name of the business defendant is likely to cause confusion in consumers, so you must proceed to change it to avoid this confusion in the market.
The trademark is a very important element for any business, since it allows you to distinguish your products or services from those of the competition. In this case, the name of the Tenerife hamburger coincided with that of another located in the same city and dedicated to the same sector, which could cause confusion among consumers.
The judgment of the Provincial Court of Madrid obliges the defendant to change the name of his business to avoid this confusion in the market. In addition, it establishes compensation for the damages caused to the plaintiff, which must be quantified by the Madrid Court.
The judgment of the Provincial Court of Madrid obliges the defendant to change the name of his business to avoid this confusion in the market. In addition, it establishes compensation for the damages caused to the plaintiff, which must be quantified by the Madrid Court.
It is important to highlight that the protection of the trademark is fundamental for the success of any business, especially in the sector of the tenerife hamburger. The brand allows to identify the products or services offered by the company and distinguish them from those of the competition. For this reason, it is essential that businessmen protect their brands and avoid the use of names that may cause confusion in the market.
In the case at hand, the defendant hamburger restaurant in Tenerife had to change its trade name to avoid confusion with the plaintiff’s business. The judgment of the Provincial Court of Madrid establishes the importance of protecting the commercial brand and avoiding unfair competition in the hamburger market.
In this sense, the ruling of the Provincial Court of Madrid forces a hamburger restaurant in Tenerife located in the center of La Laguna to change its name to coincide with that of another located in the same city and dedicated to the same sector.
The protection of the trademark is essential for the success of any business, especially in the hamburger sector in Tenerife, and must be the object of special attention by businessmen.
The judgment therefore establishes the importance of protecting the trademark and avoiding unfair competition in the Tenerife hamburger market to ensure that consumers can clearly distinguish the different businesses and their products or services.
