La doctrina oscilante del Tribunal Supremo sobre la necesidad de prueba del daño en los litigios marcarios: las sentencias del caso «Pasapalabra» y del caso «Nuba»

Resumen

Much has been written about the compensation for damages that the trademark owner can claim from the infringer in case of violation of the exclusive right that the trademark grants to the former. In these lines we will limit ourselves, and from an eminently practical perspective and without any dogmatic desire, to the controversy regarding whether prior accreditation by the owner of the infringed trademark of having suffered a financial loss is mandatory for its granting, in view of the terms of two Supreme Court rulings very close in time, No. 504/2019, of September 30 (Pasapalabra Case) and No. 516/2019, of October 3 (Nuba case), the reading of which generates logical doubts among legal operators about the jurisprudential doctrine on this matter. Doubts not dispelled, in my opinion, in the subsequent resolutions issued on compensation matters in industrial property litigation.