Pattern mark. Lack of distinctiveness

In the resolution dated September 13, 2024, the EUIPO rejected the European Union Trademark No. 18 969 849, based on Article 7(1)(b) EUTMR, on the grounds that it lacked distinctiveness.


It is not necessary for the public to believe they are acquiring an original product for it to be an ip infringement. Spanish Supreme Court

On June 27, 2024, the Supreme Court, Second Chamber (Criminal), issued a conviction against the appellant, a co-owner of a retail establishment, for offering counterfeit products of various prestigious brands, such as Tommy Hilfiger, Ralph Lauren, Levi's, Calvin Klein, Adidas, Carolina Herrera, Fila, Fred Perry, Lacoste, Nike, Armani, and Guess, without the authorization of the respective trademark’s owners.


Academic Plagiarism: Copyright Infringement in a Doctoral Thesis

On September 6, 2024, the Commercial Court of Madrid, Section 07, issued a ruling in a case of intellectual property rights infringement. The plaintiff alleged, under Article 1 and subsequent articles of the Intellectual Property Law (hereinafter, IPL), that her work "MARIANA OF AUSTRIA IN THE POLITICAL CROSSROADS OF THE 17TH CENTURY" had been plagiarized by the defendant in his doctoral thesis "THE GOVERNANCE OF THE HISPANIC MONARCHY DURING THE REGENCY OF MARIANA OF AUSTRIA (1665-1675)."


Cristina Hernández-Martí Pérez speaks at the Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile and ASIPI

On October 22, 2024, our partner, Cristina Hernández-Marti Pérez, participated as a speaker at the prestigious Non-Traditional Trademarks Conference organized by the Industrial Property Court of Chile in collaboration with the Inter-American Association of Intellectual Property (ASIPI).


Refusal to register a trade mark in Class 33 on the grounds that it conflicts with the Appellation of Origin ‘Toro’ (Denominación de origen TORO) and misleads the consumer

The European Union Trade Mark No. 17 966 918 was filed for Class 33, related to alcoholic beverages. The REGULATORY COUNCIL OF THE TORO DESIGNATION OF ORIGIN filed an opposition against all the goods, invoking Article 8(1)(b), Article 8(5), and Article 8(6) of the EUTMR, based on prior rights.


Community Design – Insufficient Evidence to Prove the Existence of a Prior Design with Similar Characteristics

On September 11, 2024, the Third Board of Appeal of the EUIPO dismissed an appeal regarding a request for invalidation of Community Design No. 5 809 746-0001. The design in question pertains to the construction of a portable sauna.


Hernandez Marti abogados participated at Marques annual conference

The 2024 MARQUES Annual Conference, held in Stockholm from September 24-27, gathered over 900 intellectual property practitioners to discuss the evolving challenges in the field.


Intellectual property crime – The incorporation of an artistic work by a third party in a product intended for commerce

On February 29, 2024, the Supreme Court (Criminal Chamber) issued a ruling addressing a dispute concerning a crime against intellectual property. The company ABASIC S.L., creator of the artistic prints for the brand Desigual, faced off against Ali&Alex, S.L. and its manager Daniel. They were accused of marketing handbags that reproduced ABASIC S.L.’s original artistic creations without authorization.


Plagiarism of the television format ‘Operación Triunfo’? Lawsuit dismissed for lack of capacity to bring proceedings.

The 9th Section of the Commercial Court of Barcelona, in its ruling dated July 29, 2024, addressed a case concerning the exercise of an action for intellectual property rights infringement. In this case, it was alleged that the television program "Eufòria" had plagiarized the format of "Operación Triunfo" (hereinafter, OT).


Refussal of ‘PRIME’ trademark registration due to lack of distinctiveness

The decision issued by the Fourth Board of Appeal on August 30, 2024, in case R 790/2024-4, addresses the application for the registration of European Union trademark No. 18 876 003, relating to the sports drink trademark "PRIME".


Delimitation of the protection of the rights to privacy and to one’s own image in the context of social uses. Consent excludes unlawful intrusion. Publication of pictures.

Decision of the Court: The lower court dismissed the claim, concluding that, given the circumstances of the case, the defendant could reasonably understand that he had his wife's consent to publish the photographs.


Trademark Infringement and Unfair Competition Following Termination of Distribution Agreement – MAKEBLOCK v. DISTINTIVA

On September 1, 2023, the Commercial Court No. 1 of Alicante issued a judgment in favor of MAKEBLOCK Co Ltd in the case of trademark infringement and unfair competition against DISTINTIVA S COOP and its joint administrator, Diego.