Spanish Company Convicted of Distributing Counterfeit Vibrators

The Community Trademark Court has ruled that a range of vibrators manufactured and distributed by a Spanish company violate the exclusive rights of a German company.

Specifically, the rights to models named Red Lover, Violet Sweetheart, Yellow Honey and Pink Baby, belong to the German company “Love Yourself”, and have been copied by the Spanish company “Life is Short”.

The judgment is a landmark case which consolidates the doctrine of trademark law that the judge may not be placed in the position of “informed user” to analyse a design infringement in cases in which the designs are not commonly discussed and for general consumption.