Lack of individual character in a Community design as a ground for invalidity
On 13 March 2019 Creative 7 UK Ltd filed and registered the following travel bag
Thursday June 3rd, 2021
Is a bullfighter’s performance protected by copyright?
The background of the case dates back to 2014, when a reputed bullfighter applied for the registration in the intellectual property register of a work entitled "Performance of two ears with request of tail to the bull "Curioso" nº 94, weighing 539 kgs, born in February 2010 at the Garcigrande livestock farm Feria de San Juan de Badajoz, 22 June 2014".
Thursday May 27th, 2021
Has AMEN a meaning for the General Court? Conceptual dissimilarities overweight visual and phonetical similarities.
On 3 of May 2018, Ms Isaline Grangé and Ms Alizeé Van Strydonck filed an EUTM application for the word sign “âme”, for Classes 18 and 25. On the 21 August 2018 Nema Srl filed a notice of opposition based on the figurative trade mark “AMEN”, which was already registered in goods for the same Classes. The opposition was relied on grounds of Art.8.1(b) of the European Union Trade Mark Regulation.
Wednesday May 26th, 2021
“Valentía” as a wine indicator of the Valencian denomination of origin. Denomination of Origin Valencia.
On 10 February 2018, Unión Vinícola del Este SL applied for registration of the trade mark "Es Valentía" (word mark) for wines of the Utiel - Requena designation of origin and cavas in Class 33. Opposition to this application was filed by the Regulatory Council of Wines of Valencia Designation of Origin on 28 June 2018 on the grounds of likelihood of confusion and conflict with a prior geographical indication.
Wednesday May 26th, 2021
The perception of the term TORTA as an indicator of a PDO. Torta del Casar vs. Torta de la Serena
On 12 December 2011, the Regulatory Council of the Protected Designation of Origin 'Queso de La Serena' filed the following EUTM application...
Monday May 24th, 2021
The intention of the applicant and the relation with bad faith
On 5 July 2019, Murcia Commercial Court No. 2 issued a judgment in the lawsuit brought by the company Aznar Zamora against Exigrup J. Guerrero for infringement of its exclusive rights due to the defendant Exigrup J Guerrero SL's use of the sign "EXIGRUP". The defendant opposed as well as requested the dismissal of the claim, the nullity of the plaintiff's trademark on the grounds of bad faith when it was registered as it coincides with the term that corresponds to the defendant's company name…
Thursday May 20th, 2021
The sign´s orientation when assessing the similarity of the trademarks. Chanel vs. Huawei.
On 28 September 2017, Huawei filed an application for registration of a EUTM for some of the goods in Class 9. Registration as a mark was sought for the following sign:
Thursday May 13th, 2021
Advertising without actually selling can be considered as use of the trade mark. IKONIK HOTEL case
The applicant High Tech Hotels brought an action against Agincourt seeking a declaration of revocation of the trade mark IKONIK HOTELS, registered for classes 35 and 43, alleging lack of genuine use of the trade mark by the proprietor and having a legitimate interest given that the defendant had opposed its application for the European trade mark ICON HOTELS.
Tuesday May 4th, 2021
Fashion Law Experts Association
Cristina Hernandez-Marti Perez, lawyer and partner of this professional law firm, has been admitted as a member of the Fashion Law Experts Association (AEDM).
Friday April 30th, 2021
The modular design of parts and the protection granted by the community design. Lego case.
On 2 February 2010, the applicant, Lego A/S, filed an application for a registered Community design at EUIPO, which was published in the Community Designs Bulletin N. 32/2010 of 11 February 2010, as follows:On 8 December 2016, the German toy company Delta Sport Handelskontor GmbH filed an application for a declaration of invalidity claiming that all the appearance features of the product concerned by the contested design were dictated solely by the technical function of the product and were…
Tuesday April 27th, 2021
Happy World Intellectual Property Day!
Happy World Intellectual Property Day!
Monday April 26th, 2021
The consideration of bad faith in imposing the costs of the proceedings. Industrial designs invalidity proceedings. Desigual case.
In January 2015 it was found that in the defendant ´s premises, the company SARA BAG SL, was selling bags reproducing prints from DESIGUAL products which are protected under intellectual and industrial property rights. Subsequently, a criminal complaint was filed and the infringing goods were seized following Preliminary Proceedings in the Instruction Court 4 of Fuenlabrada.
Tuesday April 20th, 2021