Alicante court prohibits Frisby España from using brand

The Alicante Commercial Court notified Frisby España to stop using the 'Frisby' brand until resolving its dispute with Frisby Colombia. The decision aims to prevent irreparable harm to the Colombian company, which trusts the legal process. Surprised, Frisby España will appeal and delayed its opening until March 2026.

On November 26, 2025, the Alicante Commercial Court issued a ruling prohibiting Frisby España S.L. from using the 'Frisby' brand on social media, advertising campaigns, its website, and any related activities, such as training for investors or franchisees, until the dispute with Frisby S.A. from Colombia is resolved.

Frisby Colombia, holder of the notorious 'FRISBY' mark in Spain and an active European Union trademark, welcomed the decision. In a statement, the company said: "we fully trust the development of the legal process, within the framework of transparency." They explained that the court recognizes their rights and that, in the nullity procedure before the European Union Intellectual Property Office (EUIPO), Frisby España's suspension request was rejected, requiring observations by January 21, 2026. Frisby Colombia committed to informing about real facts while respecting confidentiality.

Frisby España, led by Charles Dupont, expressed surprise at the ruling, arguing their legal position is solid under European and Spanish regulations. "It's a surprise to us because, from a legal standpoint, our position is very solid," Dupont said in an interview. They claimed the Colombian mark is about to expire due to non-use and lacks real notoriety in Spain. They plan to appeal to the Provincial Court in the coming weeks and have adjusted their opening date from December to March 1, 2026, to refine processes and logistics. They expected annual revenue of 15 million euros, with initial monthly income of 150,000 to 200,000 euros across four outlets.

Dupont announced they will include a counterclaim against Frisby Colombia for damages, including legal costs and reputational harm. The dispute focuses on a bad-faith nullity request filed by Colombia before the EUIPO.

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