MADRID, Jan. 7, 2021
The Court rules in favor of brand owner Kevin Comadrán
MADRID, Jan. 7, 2021 /PRNewswire/ -- The owner of the brand, Kevin Comadrán, had previously purchased the rights associated with the marketing of that brand. In 2018, after verifying that the trademarked MEDABOTS had been free, expired and in disuse for years, Comadrán, as he explains: "started working on the development of the videogame, which required a significant investment in programming to create a completely original design and adapt it to the new era and the needs of current technology."
At the same time, the multinational Japanese company Imagineer, announced the launch of a game for mobiles about robots, called Medarots, which is equivalent to Medabots in Japanese. Comadrán asked that the game be withdrawn from the market or at least, that the name be changed so that it was not identical to that which he had purchased two years prior. After the Japanese company took no corrective action, the Spaniard decided to file a lawsuit before the European Union's Trademark Court, which has now upheld his claim.
The European institution orders Imagineer to refrain "from marketing the infringing videogame through all platforms that make it possible to download it in the territory of the European Union."
Trademark Court of the European Union
Piece of precautionary measures [PMC] – 000372/2020 – CR
372/2020 Ordinary Procedure