The Spanish Court of European Trademarks confirms Seeley International’s trademark rights over the sign BREEZAIR.
Several years ago a Spanish company filed a European Trademark (EUTM) for the sign Breezair in services related to the air conditioning market. This was despite the fact that Seeley International is the owner of a large number of registered trademarks for the sign “Breezair” (including an EUTM granted in February 1999) and has been selling and distributing air conditioning products under these trademarks in Europe and around the world for many decades.
When Seeley International became aware of the Spanish company’s EUTM, it immediately commenced a cancellation action. Despite the cancellation action, and knowledge of the extensive use of Breezair by Seeley International in Europe, the Spanish company sent warning letters to a number of Seeley International’s distributors in five European countries, demanding that they cease using the sign Breezair.
On 6 June 2019 the Commercial Court of Alicante no. 2 in Spain decided that the delivery of these letters constituted acts of unfair competition, and ordered that significant damages be paid to Seeley International as compensation, as well as that the EUTM filed by the defendant be assigned to Seeley International in respect of, amongst others, wholesale services in relation to cooling equipment; maintenance and repair of cooling appliances and installations; HVAC installation, maintenance and repair; and advisory services relating to the installation of cooling apparatus.
In particular, given the evidence submitted in the proceeding, the Spanish Court considered that the defendant was perfectly aware of the earlier use and registration of Seeley International’s Breezair trademark (in fact, the judgment refers to Seeley International’s use of Breezair as “it is being used in the market by a big seller worldwide”). Consequently, the judgment declares that Seeley International is the legitimate owner of the EUTM Breezair in the services referred to above.
This judgment proves that the use and reputation of Breezair by Seeley International in the European Union is substantial and well known. Additionally, in line with the importance of these markets for the company, this decision also shows that Seeley International takes very seriously the protection of its IP rights, and that it is ready to take legal action against any third party who threatens the goodwill of Seeley International’s brands or the commercial relationship of Seeley International with its business partners.