U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in one territory can be distinctive in another.

Doughnuts are well-known in the U.S. but, until recently, they were far less known in Europe. In 1962, a Spanish company called Donut Corporation Española (which later became Panrico SA, now a subsidiary of the Mexican Bimbo group) filed to register the DONUT trademark in Spain and developed a whole family range of pastries, which became quite popular. In 1988, they also filed to register in Spain the mark DOGHNUTS (not the correct English spelling; in the U.S., the pastry is of course referred to as a "donut" or "doughnut").