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Ook in spoedgevallen
jouw New Legal partner.
Spoednummer: 06-51 94 11 54
TLG – Kantoor AMSTERDAM

TLG – Kantoor AMSTERDAM

De Lairessestraat 107
1071 NX Amsterdam

TLG – Kantoor Den Haag

TLG – Kantoor Den Haag

Badhuisweg 84
2587 CL Den Haag

TLG – Kantoor Rotterdam

TLG – Kantoor Rotterdam

Veerkade 1
3016 DE Rotterdam

Tequilas del Señor

In Short

Market: Intellectual Property
Expertise: Trademark and copyright law

Case:We assisted Tequilas del Señor in protecting their trademark rights.

TLG. was allowed to assist the brand Tequilas del Señor (TDS) in protecting their copyright when their former distribution partner Toorank broke the rules of their contract. The case began with the permission given by beverage brand Tequilas del Señor (TDS) to sell the product Tequila Sombrero Negro on the German and Benelux markets. The arrangements made for this were set out in an agreement, with an obligation that Toorank be allowed to sell the tequila in question under the SOMBRERO NEGRO brand.

A distribution with a bitter taste

The arrangements made for this were set forth in an agreement, with the obligation that Toorank be allowed to sell the tequila in question under the SOMBRERO NEGRO brand. Seven years after giving this permission, the agreement with TDS was terminated. TDS informed Toorank that they were no longer allowed to use the name Tequilas del Señor, the brand SOMBRERO NEGRO and/or the NOM code NOM-1124. From that date, TDS also stopped supplying Toorank with tequila. Despite this ban, Toorank decided to market a product on its own, under the name Tequila Sombrero Negro.

TDS demanded an injunction against the use of the trademark, after which Toorank defended itself by claiming implied consent for the use of the SOMBRERO NEGRO trademark. They based this supposed consent on a fax letter dated March 1, 2000 terminating the agreement. Toorank believed it could infer from this that the use of the Tequila Sombrero Negro label was impliedly authorized. The preliminary injunction judge rejected Toorank’s defense. According to the judge, Toorank’s right to use the Tequila Sombrero Negro label and mark was based on the agreement. The termination of the agreement eliminated the sole basis for using the label and mark. The permission to use the SOMBRERO NEGRO mark, which resulted from the agreement, had been terminated by its termination.

In other words, Toorank was not allowed to use the trademark SOMBRERO NEGRO or the label Tequila Sombrero Negro after the termination of the agreement. TDS was vindicated in its claim and Toorank had to stop using the brand and label.

De specialisten

Onze rol:

Bescherming van merkenrecht voor het merk Tequilas del Señor.

Advies bij schending van partnercontract met de toenmalige distributiepartner.

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