In a decision by the Supreme Court, the owners of trademark registrations for the word BAYLEYS (in Spain the famous BAILEYS mark is registered as BAYLEYS) and for their label and bottle design in respect of whisky cream liqueur prevailed in an action for infringement and unfair competition against a company which was selling a cream liqueur in a similar bottle bearing a similarly formed label, but under a different word mark, SERGET. In overturning the Court of Second Instance and upholding the Court of First Instance, the Supreme Court indicated that a proper determination of infringement must include primarily an examination of each of the marks in their entireties as well as the various parts which comprise them, and must not be confined to a strict comparison of each of the individual elements. The court also indicated that, since the BAYLEYS product was well known in the market in Spain, it deserved special protection against infringement. This decision appears to strengthen the rights of victims of trade dress infringement and so-called "look-alike" marketing methods in Spain, especially in the case of well known products.

June 1994 Index