Spanish company investigated for selling bananas as Plátano de Canarias - EU trade mark dispute: KinkySwipe v. SWIPE

Spanish company investigated for selling bananas as Plátano de Canarias 

A company based in Alicante, in the south-east of Spain, is under investigation for selling imported bananas under the protected designation of origin (PDO) label 'Plátano de Canarias', which is recognised by the European Union. This PDO can only be applied to banana produced in the Canary Islands. This fraud directly impacts both consumers and legitimate producers and could result in the company being fined up to three million euros.

The investigation began after an association of agricultural producers from the Canary Islands filed a complaint against the Alicante-based company which had continued to market fruit under the 'Plátano de Canarias' name despite its authorisation to do so being suspended. 

Spanish environmental and consumer protection authorities conducted inspections at various storage and distribution facilities across the country, including those in Alicante, Valencia, Vigo and Bilbao. Large quantities of bananas from Madeira (Portugal) were found to be mislabelled, alongside falsified documents and invoices designed to hide the fruit's true origin. It is estimated that around 2,000 tonnes of bananas were distributed under this fraudulent label by the company in 2023.

The company is facing charges related to intellectual property rights infringements, document fraud, and deceptive commercial practices. These actions constitute a violation of Regulation (EU) 2024/1143, which protects geographical indications for agricultural products and regulates the use of EU-recognised quality terms.

This case highlights the importance of strengthening control mechanisms to protect origin labels. Not only is Plátano de Canarias renowned for its distinctive taste and international recognition, it also serves as a vital economic driver for the Canary Islands. In 2024, exports exceeded 370 million kilograms, generating nearly 400 million euros in commercial value.

EU trade mark dispute: KinkySwipe v. SWIPE

On 14 May, the General Court of the European Union (GCEU) issued a ruling on case T-332/24 concerning the European trade mark KinkySwipe.

In 2021, Cyprus-based company Karneolis LTD applied to the European Union Intellectual Property Office (EUIPO) to register EU word mark no. 018574285 for services in Classes 38 and 45 of the Nice Classification. These services included communication services; the electronic transmission of data and documents; the provision of access to content, websites, and portals; and dating services via social networks, among others. However, the US company Match Group LLC filed an opposition based on its earlier Italian word mark SWIPE, no. 2019000001048, which was registered in Class 45 to cover dating services and internet-based social networking and matchmaking services. Both the Opposition Division and the Board of Appeal found that there was a likelihood of confusion between the marks under Article 8(1)(b) EUTMR. Consequently, Karneolis LTD appealed against the decision to the General Court of the European Union.

In this case, the relevant public consists of consumers in Italy who use or purchase dating services and internet-based social networking services, including both the general public and professionals. The Court pointed out that these consumers have an average level of attention, meaning they may perceive the similarity between the SWIPE mark and the KinkySwipe mark applied for as close enough, particularly given the shared 'swipe' element. Furthermore, a high degree of attention is not required for a likelihood of confusion to arise, since the visual and phonetic similarity, combined with the medium distinctiveness of the SWIPE mark, increases the likelihood of consumers associating the two marks, despite the additional term 'Kinky'. Therefore, the Court concluded that protecting the earlier mark was justified to safeguard its owner's rights against potential market confusion.