The Zamora Provincial Court rules that Schweppes Spain cannot block the sale of Schweppes of British origin

Red Paralela's decision to contest Schweppes' claim, with the advice of Pellisé Abogados, has borne fruit at the Audiencia Provincial de Zamora (Zamora Provincial Court of Appeal), which considers that Schweppes Spain cannot prevent the sale in Spain of Schweppes tonic of British origin, where the trademark owner is Coca-Cola.

Unlike the Barcelona Provincial Court, the Zamora Provincial Court upholds the ruling of Barcelona's Juzgado de Primera Instancia nº8 (Court of First Instance no. 8), which had already found in our favour, and adopts the reasoning of the Court of Justice of the European Union (CJEU). In other words, it rules that there is trademark exhaustion and that importing British Schweppes is therefore legal.

Schweppes will undoubtedly appeal to the Tribunal Supremo (Spain's Supreme Court), which will have to deliver a verdict that makes clear once and for all whether or not there was trademark exhaustion.

Until then, imports of British Schweppes tonic will remain suspended and Spanish consumers will have to keep paying more for a product that is, in our view, identical.