Alphavalue / Divacons| The Advocate General of the Court of Justice of the European Union, Maciej Szpunar, concluded on Thursday, in reference to the legal dispute of Inditex against Buongiorno Myalert, that the Italian company “cannot take advantage of the limitation of the rights of the trademark owner”, thus agreeing with the Galician group in its litigation against the firm. It should be recalled that in 2010, when Buongiorno Myalert launched an advertising campaign for subscription to a multimedia content delivery service, it included a prize draw for a Zara gift card worth €1,000. As a result, Inditex took the case to the Spanish courts after considering that the Italian company had infringed its trademark rights, as it had taken advantage of Zara’s reputation and damaged it.
ECJ upholds Inditex in suit against Buongiorno Myalert for infringement of trademark rights
