The EUTM Court of Appeal of Spain grants Bacardi an injunction to protect the reputed Grey Goose brand against Alvisa under Article 9(2)(c) EUTMR

On 22nd December 2022, the EUTM Court of Appeal in Spain set aside the lower court’s judgment in the Grey Goose/MontBlanc case, between Bacardi (the claimant) and Alcoholes y Vinos, S.A. (“Alvisa”, the defendant). The EUTM Court of Appeal dismissed the infringement action and, in doing so, has upheld Bacardi’s appeal and declared that the MontBlanc vodka trade dress infringes Bacardi’s reputed EUTMs.