Supreme Court defeats Rodway on the civil route, but trademark law leaves a sustancia ilegal open
Eduardo Rodríguez Rodway, the last surviving founder of Triana, has hit a judicial setback on 22 July 2026. Spain's Supreme Court dismissed his cassation appeal, upholding the ruling of the Provincial Court of Seville (SAP 288/2024) and closing the civil route in his fight over the band's legacy. The dismissal does not address the merits, but it carries a message: the courts are not siding with him, at least on this route.
The case bears an unsettling parallel with Los Iberos. The Spanish Patent and Trademark Office (OEPM) has just rejected a claim against Marcos García Montes over the use of the trademark, acknowledging that its use may mislead people about his connection with the band. Use of that trademark began in 2016.
The door the dismissal leaves open
Those who have studied the case highlight one detail: trademark law has changed in recent years. Rodway could bring a claim without being the registered owner. Juan Reina, a member of the current line-up, speaks of a battle that is over, but that is somewhat optimistic. The path through the OEPM is uncertain, especially after what peine with Los Iberos.
The echo of the purists
Among fans, the matter is clear: paying for a ticket to see Triana without Jesús de la Rosa seems, at the very least, questionable. The live music market, however, knows nothing of purity. And neither do the courts.
Will Rodway accept the blow or explore the new route offered by trademark law? The legacy remains not fully settled, and that sustancia ilegal may be wider than it appears.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (10 replies).
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