Lack of International Jurisdiction of Spanish Courts in a Case Involving the Copying of a Streetlamp in Doha (LATINA Case) – Copyright
The plaintiff in these proceedings is an architect who has developed several urban and architectural projects. The plaintiff has maintained a contractual relationship with the group Santa & Cole Ediciones de Diseños S.A. to which she assigned the patrimonial rights of the design of a lamp called LATINA with the purpose of commercializing it. Currently, the lamppost is installed in several cities around the world.
Tuesday March 25th, 2025
Cristina Hernández Martí Pérez at the 23rd MARQUES Spring Team Meetings
On March 13th and 14th, 2025, Cristina Hernández Martí Pérez will attend the 23rd MARQUES Spring Team Meetings, which will take place in Barcelona.
Tuesday March 11th, 2025
II International Congress on Industrial Property and Advertising in the Fashion and Cosmetics Sector
We are pleased to announce that our partner, Cristina Hernández-Marti Pérez, will be moderating the ASIPI panel at the II International Congress on Industrial Property and Advertising in the Fashion and Cosmetics Sector, organized by Universidad Rey Juan Carlos.
Tuesday March 4th, 2025
Trademark infringement and unfair Competition: Decision on the unauthorized use of a trademark in a commercial establishment
Centros de Depilación Láser Ideal SL, is an authorised licensee of the registered trade mark ‘CNLI Ideal Centros de Depilación Láser’, with the faculty to sub-license. This entity, on 27 October 2015, held a business franchise contract with a private individual, which included the assignment of the rights to use the registered trademark for the development of its beauty business in premises located in a shopping centre.
Tuesday March 4th, 2025
The distinctiveness of minimalist trademarks
On 29 December 2020 Shenzhen City Chongzhen Tecnology Co. Ltd filled an EUTM application for a figurative sign consisting of 6 horizontal black lines, on a white background, forming the shape of the letter “Y” or “V”, for goods and services in Class 9 regarding electronic devices.
Monday February 24th, 2025
Bad faith in trademark registration proceedings. The Tesla case
On 4 November 2022, an application was filed requesting for a declaration of invalidity against EUTM 5838727 “TESLA” (word mark) for all of the goods covered by the EUTM, which belong to classes 12 and 25, regarding accessories for vehicles and clothing, among others. The reason for this application was based on the grounds of bad faith under art.59.1.b EUTMR.
Tuesday February 18th, 2025
Hernández Martí Abogados is listed in the Bronze Firms category for trademark enforcement and litigation in Spain in the WTR 1000
Hernández Martí is lauded by patrons for its embodiment of a “360-degree approach to the IP experience”, owing to its “in depth knowledge of intellectual property rights, not only from a prosecution angle, but also a litigation and transactional one”.
Monday February 10th, 2025
Dr. Cristina Hernández-Marti Pérez is listed in the Silver Individuals category for trademark enforcement and litigation in Spain in the WTR 1000
Spearheading the firm’s IP department, Cristina Hernandez Marti is a pillar of rich legal, academic and business knowledge, particularly where trademark prosecution, unfair competition and advertisement law are concerned.
Tuesday February 4th, 2025
Refusal of the EU trade mark RUSSIAN WARSHIP, GO F**K YOURSELF – devoid of distinctive character
On 16 March 2022, an application was filed for the European Union Trade Mark MUE 018672791 consisting of a figurative sign showing the slogan RUSSIAN WARSHIP, GO F**K YOURSELF in English and Russian, for the goods and services in classes 9, 14, 16, 18, 25, 28 and 41.
Tuesday January 28th, 2025
The shape variation of a common product isn’t a distinctive element for a trade mark- Three-dimensional trademark consisting of a ring
The European Union trade mark nº 18948203 consists of a three-dimensional mark, represented by a white background upon which six silver rings with an irregular shape are displayed.
Monday January 20th, 2025
The importance of the social context in order to establish the suitability of a EU trademark regarding the public policy and the accepted principles of morality
On May 5 2020, Turner Broadcasting System Europe Limited sought to register theword mark “MARICON PERDIDO” (Lost queer) as a European Union trade mark(MUE018234526) for the goods and services in class 9 and 41 regarding audio visual recordings and Entertainment services.
Monday January 13th, 2025
From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.
From December 1st to 4th, we actively participated in the XXIV ASIPI Conference held in the vibrant city of Panama.
Tuesday January 7th, 2025