Diesel has secured another legal win.
The Breganze, Italy-based denim, sportswear and fashion firm has won a case at the appeal court level against Cosmos World Sl, Flexi Casual Sl and Manuel Giner Rodriguez. This confirmed a verdict at a lower level on April 28, 2015.
The Community Trademark Court of Appeal of Alicante, Spain, ruled that Diesel SpA is the sole owner of the Diesel brand “and it has the right to revoke any authorization to use it, which might have been given in the past,” said the Italian company.
The appeals court said Cosmos World has been infringing Diesel’s trademark rights since “at least” 2005 and that it should “immediately cease” manufacturing, distributing and marketing the products — mostly shoes and bags — incorporating the brand, withdraw them from the market and destroy them. It also must cancel the domain name www.dieselfootwear.es and compensate Diesel for damages.
“We have battled 17 years for the right to protect existing and future consumers of Diesel from the unlawful use of our trademark,” said Alessandro Bogliolo, the Italian company’s chief executive officer. “This decision clearly states the right of an iconic brand to protect its image from infringing acts.”
The ruling impacts the European Union and South American countries where Cosmos World has been operating illegally by itself or through its commercial partners.
This is the latest step in Diesel’s efforts to thwart counterfeiting and illegal distribution globally, with a special focus on the online market and on illegal trafficking through international customs.
In January, a New York federal court granted Diesel a motion for a judgment against 83 Web sites that were cybersquatting and selling counterfeit products appearing to bear the Diesel label, and awarded the company $2 million in damages.
Diesel created a dedicated task force in 2014 to the unlawful use of its trademarks, operating in online and off-line markets.
Diesel, which reported 2015 revenues of 1.59 billion euros, or $1.76 billion, is under Renzo Rosso’s OTB umbrella, which controls the Maison Margiela, Marni and Viktor & Rolf brands, as well as manufacturing arms Staff International and Brave Kid.