The digital environment has strained one of the classic principles of trademark lawTerritoriality. In a context where any website is potentially accessible from multiple countries, a key question arises for companies and rights holders: under what circumstances is an online activity considered to be directed at the public of the European Union (EU) and, consequently, likely to constitute a trademark infringement in that territory?
The Judgment of the Provincial Court of Alicante of September 15, 2025 provides relevant criteria in this regard, when analyzing whether the activity of the website camelstore.com constituted an infringement of the Spanish and EU trademarks CAMEL.
The CAMEL case: context and conflict
The litigation pitted Japan Tobacco Inc., owner of several CAMEL brands, against two companies that marketed products (footwear, clothing and accessories) using signs identical or very similar to said brand, both in name and graphics.
The activity was carried out via the internet, mainly through the website camelstore.com.
The lawsuit was initially dismissed. The court ruled that it had not been sufficiently proven that the activity was directed at the EU public, even though the website was accessible from within the EU. Among the factors considered were the use of English, the use of US dollars as currency, and the absence of explicit references to the EU.
However, the Provincial Court reviews this approach and offers an interpretation more in line with the reality of electronic commerce.
Accessibility vs. targeted activity: the key in trademark law
One of the central points of the ruling is the confirmation of a consolidated criterion in the trademark law European: The mere accessibility of a website from the EU is not enough to establish an infringement.
For an infringement to exist, it is necessary to prove that the use of the sign occurs within the EU's economic activities. This involves analyzing whether the activity is effectively directed at consumers within this territory, in accordance with the case law of the Court of Justice of the European Union.
This approach avoids an automatic and excessive application of trademark law on the internet, but also requires a more rigorous evidentiary analysis.
The signs that demonstrate the EU's market orientation
Unlike the court of first instance, the Provincial Court considers that there were sufficient elements to prove that the activity of camelstore.com was directed at the EU public.
Actual sales in the EU
One of the most decisive factors was the existence of actual sales to consumers in Spain, France, the Netherlands, and Portugal. This demonstrates that the activity was not merely potential, but was actually taking place in the EU market.
Continued commercial operations in the EU
The documentation provided reflected hundreds of transactions destined for EU countries, which showed a stable and not occasional commercial activity in this territory.
Specific shipping conditions to the EU
The website included detailed information about shipping to 23 EU countries, including delivery times, costs, and terms. This reinforces the company's intention to target European consumers in a clear and organized manner.
Language and currency: non-determining factors
The court ruled out the possibility that the use of English or US dollars would preclude EU-oriented pricing. English is standard in international trade, and automatic currency conversion eliminates real barriers for consumers.
Use of additional platforms
In addition to the website, the products were marketed in the EU through platforms such as AliExpress, which reinforced the existence of a sales strategy in the EU market.
Trademark infringement: use in the EU economic activity
Once the EU market orientation has been established, the Court analyzes whether there is a trademark infringement.
The court concludes that it is, based on several elements:
- Identity or high similarity between the signs used and the CAMEL trademarks
- Use for identical or related products
- Former brand reputation
- Existence of a link in the consumer's mind
In this context, he appreciates a unfair use of the distinctive character and reputation of the brand, which constitutes an infringement under Spanish and EU trademark law.
Legal consequences of the sentence
The Provincial Court revokes the first instance ruling and upholds the claim.
Among the main measures agreed upon are:
- Cessation of use of the CAMEL trademark and the domain camelstore.com
- Removal and destruction of infringing products
- Compensation for damages (calculated, among other criteria, on the volume of business)
- Daily coercive fine in case of non-compliance
Practical keys to the case for trademark law
This ruling confirms that, in the field of trademark lawOnline infringement cannot be analyzed based on a single, isolated element. Neither the accessibility of a website from the EU is sufficient, nor can factors such as language, currency, or domain name alone rule out the existence of an infringement. The analysis must begin with a comprehensive assessment of all available evidence.
The determining factor is being able to situate the use of the sign in the EU economic trafficIn this case, the existence of actual sales, shipping conditions to multiple EU countries, and continuous commercial operations proved key to demonstrating that the activity was directed towards the EU market.
From a broader perspective, the case reflects one of the main challenges facing trademark law today: balancing the global nature of the internet with the principle of territoriality. The ruling shows that mere access or occasional sales are insufficient; a contextual and evidentiary analysis is necessary to determine the true nature of the commercial activity.
For companies, this criterion has direct implications for both brand protection and digital strategies. Monitoring, evidence gathering, and analysis of online marketing practices are essential for identifying risks and ensuring legal certainty in an increasingly globalized environment.
Lorena Sánchez, Lawyer in the area of Partner Brands by Elzaburu
