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Many entrepreneurs sit on a treasure without even realizing it.
Mr. Th W. van Leeuwen
claimant
defendant
Infringement or not?
The Spanish beer brand VICTORIA opposed the registration of the wordmark LA VICTORIA DE MEXICO for beer. Her claim was based on her label. The Spanish Trademark proprietor claimed that VICTORIA is the dominant element on this label. This is identical to the word VICTORIA in the other trademark. Since the goods were identical there would be an infringement. The other party disagrees with this claim, as expected. VICTORIA is a reference to VICTORY. This is a commendation and therefore not distinctive. LA VICTORIA DE MEXICO actually has a very clear significance, since it refers to the victory over the Spanish occupation, which would compensate any visual or aural similarity. Infringement? ...
