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.
Tuesday November 19th, 2024
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.
Monday November 11th, 2024
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)."
Monday November 4th, 2024
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).
Thursday October 24th, 2024
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.
Wednesday October 16th, 2024
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.
Friday October 11th, 2024
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.
Wednesday October 2nd, 2024
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.
Monday September 30th, 2024
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).
Monday September 23rd, 2024
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".
Tuesday September 17th, 2024
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.
Wednesday August 28th, 2024
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.
Monday July 22nd, 2024