The Spanish Supreme Court upholds the reputation of the

trademark DONUTS

The recent ruling by the Spanish High Court puts an end to the legal battle that the owner of the (renowned) trademark DONUT has pitted against a competitor for more than nine years.

The dispute centered on the use of the term DONUT on the defendant’s website and whether or not such use could constitute infringement of the plaintiff’s renowned trademark.

Both in the first instance and on appeal, the claim was dismissed on the grounds that, in short, such use was merely descriptive (note that the RAE dictionary includes the term “Dónut”).

The ruling we are referring to, however, reaches a completely different conclusion. It analyzes whether the use in question could be descriptive and concludes that it is not.

In this regard, the Chamber argues that for a descriptive use to be legitimate, it must be carried out in accordance with fair practices in the sector concerned. In the case under review, this would not have been the case, as the use in question would affect the reputation, distinctive character, and exclusivity in economic traffic of the trademark on which the claim was based.

That being the case, the ruling of the Provincial Court of Madrid is upheld and the infringement is declared.

Interestingly, no damages were awarded. The disputed uses were limited to the defendant’s website and a short period of time, and were withdrawn shortly after the claim was filed.

Link to the resolution: click here

November 19, 2025