![]() SAP de Madrid de 20 de mayo de 2022 (D&D DREAM CORP v. ![]() The trademark “LA LIGA HEAD SOCCER” owned by LALIGA is declared null, and the OEPM is ordered to cancel the corresponding registration. Therefore, it is considered that LALIGA applied for registration of the earlier mark knowing that DREAM was using the sign to identify its digital game, which could have prevented the subsequent registration of the sign by the plaintiff and, therefore, acting in bad faith in accordance with art. The second reason was the bad faith of LALIGA in the registration of its sign, since being an entity dedicated to the world of football, and knowing the field of computer applications, it could not ignore the plaintiff’s sign, being implausible that it would spontaneously decide to use the word “SOCCER”, which is not even used at European level. This was considered proven due to various motives, such as the fact that they shared an identical word, that they were figuratively almost identical, but, above all, due to the fact that LALIGA opposed to the registration of the EU trade mark “HEAD SOCCER” by DREAM, in June 2019, precisely because of the risk of confusion with its earlier national trade mark “LA LIGA HEAD SOCCER”. The first one was the assessment of the risk of confusion or association between the signs. This conclusion was reached for two reasons. In this case, the appeal was upheld, repealing the Commercial Court’s decision. On the basis of the above decision, DREAM appealed to the Audiencia Provincial de Madrid. This was upheld by the lack of proof of notoriety of the sign “HEAD SOCCER” on the date of LALIGA’s application, as well as by the lack of risk of confusion between the figurative sign “LA LIGA HEAD SOCCER” and the word sign “HEAD SOCCER”. In response to this claim, the Commercial Court rejected the plaintiff’s claims, both on relative invalidity causes under articles 6.2 d) and 52, and on absolute invalidity causes under article 51.1 b) LM. In this situation, DREAM filed a complaint against LALIGA, requesting the nullity of the Spanish trademark, by virtue of articles 6.2 d), 51.1 b) and 52 of the Ley 17/2001, de 7 de diciembre, de Marcas (hereinafter LM). LALIGA opposed to this registration, claiming risk of confusion with its national trade mark. On October 23 rd of the same year, DREAM applied for registration of the European trade mark with the word mark “HEAD SOCCER” to the EUIPO. Trade mark Nº 3 686 122 was granted in the absence of opposition. ![]() For its part, LA LIGA NACIONAL DE FUTBOL PRFESIONAL (hereinafter LALIGA), applied on October de 9 th of 2017 for registration to the OEPM of the figurative mark “LA LIGA HEAD SOCCER”, for goods in class 9, including “computer game software for use on mobile phones and mobile phones”. After La Liga TV, where users can follow Liga Adelante matches live, regardless of geographic location and completely free of charge, Virtual Arena, a second screen for analysing La Liga matches live, and the launch of 'Head Soccer La Liga' in Mexico, now it is time for the international presentation of this great game.D&D DREAM CORP (‘DREAM’) launched a digital game called ‘HEAD SOCCER’ in 2012. ![]() Corra, salte, meta los goles con el pie o la cabeza a sus oponentes, y adems no olvide defender su arco. Cmo es posible Empiece a jugar y lo sabr. 'Head Soccer La Liga' is now part of the wide range of digital and interactive products offered by the Liga de Fútbol Profesional. Juegue con futbolistas cabezones con una pierna. There are also several formats of competition where you can take part in friendly games, leagues, challenges and even tournaments, using one specific player as your star. All while enjoying the realistic graphics, abilities such as pace, shooting, jumping, sprinting and power-ups, and virtual players that are identical to the best players in La Liga. With this complete and interactive application, you will be able to play a match with your favourite team, choose between the players in the championship and win all the tournaments. 'Head Soccer La Liga' is the first of three official games that will be launched before the end of the 2014-15 season and it is now available around the world for Android and iOS operating systems. With 'Head Soccer La Liga' you can win matches and train your favourite players from the championship from your sofa at home, with a simple tap on your mobile or tablet. La Liga continues to add to its collection of games so that football fans can go on enjoying the Liga BBVA stars whenever they wish.
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