The Spanish Justice confirms that SCHWEPPES S.A. can not prevent the introduction and distribution in Spain of the SCHWEPPES tonic from the United Kingdom and other countries of the European Economic Area.
The Mercantile Court No. 8 of Barcelona has issued on April 9, 2018 a ruling (see the judgment) that applies the doctrine of the Court of Justice of the European Union on the exhaustion of trademark rights (see the judgment). Consequently, SCHWEPPES S.A. is not authorized to prevent parallel imports into Spain of SCHWEPPES tonic from the United Kingdom or other EEA countries.
It is expected that soon the Commercial Court will revoke the precautionary measures that prevented RED PARALELA from offering SCHWEPPES tonic from the United Kingdom and other EEA countries.
For any doubt about the legal situation, you can contact directly the lawyers David Pellisé and Juan Carlos Quero, of PELLISÉ Abogados.
This is how clear and overwhelming was the European Court of Justice when it affirmed that Schweppes can not stop the importation into Spain of the Schweppes tonic from the United Kingdom manufactured by Coca-Cola.
Our company highly welcomes the Decision from the CJEU, as it halts the misuse of trademark rights by SCHWEPPES INTERNATIONAL Ltd. when opposing the parallel import of SCHWEPPES ‘tonic water’ in Spain.
RED PARALELA, assisted by the law firm Pellisé Abogados, has always relied on an exhaustion of trade mark rights in the light of Article 36 TFEU, despite the around 50 Spanish Courts Decisions that had banned the parallel import of SCHWEPPES ‘tonic water’ in Spain, and despite the extreme pressure that SCHWEPPES INTERNATIONAL LTD has been putting on our company since the very beginning of the proceeding. Now, in the CJEU decision, we see that our convictions were grounded, and that SCHWEPPES INTERNATIONAL Ltd. actions were against the basics of Trademark law and European Competition law.
No matter how huge is the disparity of forces between the parts contenders, there always are good Courts willing to do their job with dedication and integrity.
Here is the press release from the CJEU.