Only Bimbo will be able to use the Donut brand after winning its legal battle in the Supreme Court
He Supreme Court has agreed with Grupo Bimbo in the litigation initiated in 2017 for the defense of its iconic Donuts® brand against the use of the term in the commercial sphere by a third party when upholding the appeal presented by Bimbo Donuts Iberia.
The ruling recognizes the extraordinary reputation of the brand, granting it maximum legal protection and confirming that unauthorized and descriptive use of the term Donut for commercial purposes constitutes a violation of trademark rights.
Specifically, The High Court establishes that this unfair and unauthorized use implies per se a direct mental link to the Donuts® trademark. Likewise, the resolution imposes the definitive cessation of the opposing party in all use of the sign. Donut in the commercial field and for pastries, ensuring the exclusivity of the Grupo Bimbo term.
Furthermore, the Supreme Court highlights for the first time that the incorporation of a trademark to the dictionaries of the language, and its colloquial use, does not entail a loss or limitation of the exclusive trademark rights of its owner, which must be respected in commerce in any case.
“This decision of the Supreme Court sets an unbreakable precedent in the defense of intellectual property in Spain. The Donuts® brand is a legend of pastries and a symbol of quality that has conquered the hearts of Spanish homes for decades,” the company highlighted in a statement.
